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ABC 

of 

PARLIAMENTARY LAW 


By 

MRS. HENRY CLARKE COE, 

Parliamentarian, Lecturer and Instructor 


Published by the Author i92i. 


<?S'< 

.Ck* 


Copyright 1921 
by 

Mrs. Henry Clarke Coe 

All Bights Reserved 


FIRST EDITION 

NOV 10 1921 

5)C!.A830528 


a t 


DEDICATION 


To the memory of my beloved teach¬ 
er, Adele M. Fielde, this little hand¬ 
book is affectionately dedicated in rec¬ 
ognition of several years of instruc¬ 
tion, patient and untiring. 

Miss Fielde for many years held the 
position of Secretary of the League of 
Political Education, devoting her life 
to the advancement of womanhood. It 
was her expressed wish that the author 
should revise her book. 

Miss Fielde was a gifted and wonder¬ 
ful woman and an inspiration to all her 
students, without which the author 
could not have contributed this com¬ 
pendium of Parliamentary Procedure. 





FOREWORD 

This book is intended to aid Students 
in saving time and to assist officers of 
organizations in the art of presiding in 
large or small assemblies. It is correct 
in form and up-to-date. 








PARLIAMENTARY LAW 


7 


ABC 

of 

PARLIAMENTARY LAW 
Preface and Introduction 

In compiling this little hand-book on 
Parliamentary Law the author has 
been aided by the use of certain recog¬ 
nized authorities in addition to Miss 
^ Fielde, Cushing, Roberts, Reed and 
Gregg — and begs to acknowledge 
with thanks the co-operation and kind¬ 
ly criticism of Federal and State 
parliamentarians. Originally Parlia¬ 
mentary rules and procedure were de¬ 
rived from the laws governing the Brit¬ 
ish Parliament, hence the name. 

It will be noticed that, although the 
principles are practically the same in 
all books on the subject, time has made 
necessary changes and we must give 
credit to those authors who have altered 
some of the original rulings. Adaptions 


8 


PARLIAMENTARY LAW 


have been made in this book according 
to the new requirements, such as pre¬ 
vail not only in Congress and the Legis¬ 
lature, but also in Conventions, Federa¬ 
tions and Clubs. Simple illustrations 
from personal experience should make 
it useful as a guide to the individual; 
the rules are suitable for both large 
and small assemblies. 

The only apology which seems fit¬ 
ting is that the book may be too simple 
for the advanced student, but it is not 
dealing with intricate questions except 
in the Questionnaire; however, there 
may be expert parliamentarians who 
will find interesting data among these 
pages. There is no harm in revising 
the methods by which experts become 
proficient. 

As a result of its simplicity and 
small cost a greater number of stu¬ 
dents can be supplied. It is intended 
for general use in schools and colleges, 
as the subject is one in which the youth 
should become interested as well as 


PARLIAMENTARY LAW 


9 


clubs. The Locator is intended for 
quick reference in looking for a definite 
bit of information. 

It is desirable—yes, quite essential— 
that any person who is to accept the 
dignified office of President, Vice- 
President, or Chairman should pre¬ 
pare oneself to fill the office creditably. 
The proper method is to set aside a cer¬ 
tain definite time once or twice a week 
in the home, and in company with the 
chairs, tables and other furniture, he 
should learn to address them as if they 
were living beings instead of inanimate 
objects. Almost unconsciously, and 
quite alone, one can acquire knowledge 
of the art of presiding which will be a 
joy forever. It is a source of satisfac¬ 
tion to know when things are done cor¬ 
rectly, even if one has no desire to ap¬ 
ply the rules, either as a presiding of¬ 
ficer, or as a member of an assembly. 

This little volume will be useful to 
those who study it. The application 
of some technical points which appear 


10 


PARLIAMENTARY LAW 


in Robert’s Rules has been simplified. 
The author has answered questions so 
frequently that she has made a study 
of the shortest and easiest way of ac¬ 
quiring necessary information quickly. 
She does not, however, assume the re¬ 
sponsibility of efficiency in students un¬ 
less they are in earnest and will exer¬ 
cise their own mentality. 


PARLIAMENTARY LAW 


11 


APPLIED PRINCIPLES OE 
PARLIAMENTARY LAW 

Laws governing all other principles 
have been changed to meet certain cases 
or conditions, why should not the laws 
governing parliamentary procedure be 
changed also? 

In comparing earlier laws with those 
of the present day we must bear in mind 
the fact that rules which might be nec¬ 
essary in Congress and in the Legisla¬ 
ture would be difficult to apply to clubs. 
Women’s Clubs have become powerful 
because of the fact that women are 
learning and, in fact, can now often 
preside and conduct club business in a 
more correct parliamentary way than 
men. This was noted even before the 
franchise was given to women; they now 
are becoming conversant with correct 
forms in preparing the business of meet¬ 
ings. 

A book edited by Alexander Hamil¬ 
ton, called “ Rules and Practices of the 


12 


PARLIAMENTARY LAW 


House of Kepresentatives”, gives an in¬ 
teresting example of the admirable man¬ 
ner of presiding over meetings in the 
early days. Then Thomas Jefferson, 
probably the first Parliamentarian in 
this country, gracefully presiding, gave 
Alexander Hamilton the opportunity to 
open the debate after presenting a reso¬ 
lution that “ These United States be¬ 
come free and independent.” 

The early parliamentarians gave plen¬ 
ty of time to the preparation of all reso¬ 
lutions. Nothing was rushed through, 
as is often the custom at the present 
day. Unfortunately deliberative bodies 
are not always deliberate . 

Personal Applications 

Having had for years experience 
as an instructor, and as a student, the 
author found certain essentials helpful 
in applying parliamentary principles. 
Build in imagination a structure which, 
if one can visualize it as it is increasing 
in size, becomes fixed in one’s mind. 


PARLIAMENTARY LAW 


13 


First lay the foundation, or corner¬ 
stone, upon which to build. The four 
corners are given names never to be 
forgotten. 


Left upper corner 

Right upper corner 

DIGNITY 

SELF CONTROL 

JUSTICE 

COURTESY 


Left lower corner Right lower corner 


One cannot conceive of an assembly 
failing to act correctly provided that 
the deliberations are controlled by a 
presiding officer who has insisted upon 
these fundamental principles. 

The officers of an assembly should 
be in accord with the will of the major¬ 
ity which they represent. Occasionally 
the “body politic’’ becomes hysterical 
or over-indulgent because of sentiment, 
in which case the fortunate provision 



14 


PARLIAMENTARY LAW 


is made for “ rescinding ” the action at a 
later meeting, when the members have 
learned a wiser, and sometimes a sad¬ 
der, lesson. In reviewing Cushing’s 
Manual we find a good formula, reliable 
although a bit old-fashioned. It says; 
“The greatest purpose of all rules and 
forms is to subserve the will of the As¬ 
sembly rather than to restrain it; to fa¬ 
cilitate, not to obstruct, the expression 
of their deliberative sense.” 

THE ART OP PRESIDING 

In order to obtain the best results 
the author requires, in addition to the 
preceding foundation, the practical ap¬ 
plication of the following principles to 
be observed at all meetings. If effec¬ 
tively carried out the presiding officer 
will have the support and co-operation 
of those who come under his, or her, in¬ 
fluence. 

THREE ESSENTIALS 

Courtesy Justice 

Self Control 


PARLIAMENTARY LAW 


15 


If kept in mind these principles will 
become second nature to those who use 
them. 

The author has adopted this system 
of correct conduct, calling it the prac¬ 
tice of the three C’s—C oncentration, 
Condensation and Conservation. So 
far as possible, not only in club life but 
in business and in the home, this method 
will work out remarkable result. If 
applied conscientiously one would be¬ 
come the ideal presiding officer. 

Keep in mind these three C’s: 
Concentration , C ondensation, 

Conservation 

ORGANIZATION 

A mass-meeting, a federation, a con¬ 
vention, assembly, society or club, usu¬ 
ally has its origin in the minds of two 
or more individuals. After a confer¬ 
ence they decide that an organization, 
to accomplish certain definite purposes, 
will be desirable in that locality. They 
frequently discuss the aims and benefits 


16 


PARLIAMENTARY LAW 


that may be derived and, after obtaining 
the interest and co-operation of a suffi¬ 
cient number, become keenly interested. 
This is the time to issue a notice for the 
first meeting, called a mass-meeting. 
Often the meeting takes the form of a 
social gathering, preceded or followed 
by a luncheon or dinner, during which 
the minds of those present seem to be¬ 
come adjusted. 

During the repast the people become 
better acquainted with the subject, and 
if there have been any opposing ele¬ 
ments they gradually disappear. 

When the time arrives at which the 
meeting was called everybody appears 
to be in a happy frame of mind, ready 
to discuss the rules of the prospective 
organization. One of those who orig¬ 
inated the idea is chosen to act as the 
presiding officer and calls the meeting 
to order. 

At a mass-meeting the acting chair¬ 
man should first ask for nominations 
for a temporary Chairman, next for a 


PARLIAMENTARY LAW 


17 


temporary Secretary. These two offic¬ 
ers (although temporary) take charge 
of and conduct the meeting, after nom¬ 
inations from the floor have been closed. 
In a mass-meeting it is quite right to call 
these officers Chairman and Secretary 
pro tern, but in a proposed federation 
or club the author feels that it gives dig¬ 
nity to the body to ask for nominations 
from the floor for temporary President 
and temporary Secretary, instead of 
Chairman and Secretary pro tern. 

The reason for assuming these titles 
is that it clears the atmosphere for those 
who assume office, who have conceived 
the idea of establishing the society and 
have brought the matter to a definite 
form. 

The title “President pro tern” carries 
with it something of an assurance of 
success. The temporary officer is en¬ 
titled (by reason of work accomplished) 
to be elected to the permanent presiden¬ 
cy; this also applies to the Secretary 
pro tern. 


18 


PARLIAMENTARY LAW 


The principal difference between the 
formation of a federation and of a club 
is that in a club there is less formality 
and it is easier to transact business 
quickly. Another difference is that 
clubs and societies are governed by indi¬ 
vidual members of different classes, 
whereas conventions and federations 
are governed by delegates, representing 
a number of societies or clubs. 

When expedient the temporary offic¬ 
ers call a meeting for the purpose of 
establishing a permanent organization. 
The first step in this direction is the 
preparation of a constitution and by¬ 
laws. This should be done by appoint¬ 
ing a committee to prepare a set of rules 
which may be adopted and become the 
permanent rules of the organization. 
They should be prepared by the com¬ 
mittee with the advice and consultation 
of a parliamentarian. The committee 
should always consult with the tempo¬ 
rary President, who usually has definite 
ideas on the subject, and the constitu- 


PARLIAMENTARY LAW 


19 


tion and by-laws should meet with the 
approval of the President pro tem be¬ 
fore being presented to the assembly for 
action. 

After the preliminary meeting the 
President pro tem, through the Secre¬ 
tary pro tem, extends an invitation to 
all who are interested in the under¬ 
taking to attend a meeting to vote upon 
the question of a permanent organiza¬ 
tion. 

The presiding officer explains the 
purpose and invites an expression of 
opinion from each one present. The 
minutes of the previous meeting may be 
read at the beginning, or at the end, of 
this official meeting; after being ap¬ 
proved they become the first records 
of the society. The Chair calls for the 
report of the chairman pro tem of the 
committee on constitution and by-laws, 
who reads what has been prepared by 
the committee. This should be read, 
first in its entirety, slowly and distinct¬ 
ly, and with no interruptions of any 


20 


PARLIAMENTARY LAW 


kind. When interruptions occur which 
disturb the reading, the Chairman 
should stop and wait for absolute si¬ 
lence. After hearing the Constitution 
and By-Laws they should then be read 
seriatim (paragraph by paragraph). 
At the end of each article the Chairman 
should ask if there are any amend¬ 
ments; and if there are none the next 
section of the paragraph is read, and so 
on to the end. 

Each member can better grasp the 
meaning of the By-Laws if provided 
with a copy, since it is difficult to re¬ 
member the many changes during the 
reading of a Constitution. At the end 
of the second reading the Constitution 
as amended should be voted upon. This 
may be done by sections, or, if it is unan¬ 
imously adopted, it may be voted upon 
by this motion: “I move that the Sec¬ 
retary cast the ballot for the amended 
Constitution and By-Laws as presented 
by the Chairman of the committee.” 
This vote should he unanimous . If it 


PARLIAMENTARY LAW 


21 


is not, then each section as amended 
must be voted upon separately. 

The President pro tern, having also 
provided for a committee on nomi¬ 
nations, calls upon Mrs. Blank for 
the report of the nominating committee. 
After presenting the names of candi¬ 
dates, opportunity is given for addi¬ 
tional nominations from the floor. This 
opportunity should be given to the 
members by the President pro tern, not 
by the Chairman of the committee on 
nominations. The Secretary pro tern 
reads the names if any are presented, 
after which the President says: “If 
there are no further nominations for 
this office the Chair announces that 
nominations are closed.’’ 

The motion, that “nominations for 
the office of president be closed, ’ ’ should 
be seconded and a vote taken. The same 
method applies to each office to be filled. 
Unless voting is by ballot, it is advisable 
that all nominees should refrain from 
voting for themselves, as a matter of 


22 


PARLIAMENTARY LAW 


courtesy. But naturally this must be 
observed by all nominees. In a secret 
ballot voting for one’s own election is 
permissible. 

The President pro tern then asks the 
Chairman of the nominating commit¬ 
tee to take the chair, who proceeds with 
the voting for the President, Officers 
and Directors. No one should allow 
his, or her, name to be read as a candi¬ 
date unless willing to serve if elected. 

The Chairman of the nominating 
committee should continue in the chair 
until all Officers are elected, after which 
the President presides. This method 
avoids the confusion of changing places, 
thereby disturbing the assembly. 

As soon as the permanent officers 
have been elected, the Chairman deliv¬ 
ers the official list to the presiding offic¬ 
er who reads the entire ticket, and its 
ratification may be called for by a rising 
vote. The newly-elected President ack¬ 
nowledges the honor, then the officers 
are installed by the Assembly. 


PARLIAMENTARY LAW 


23 


The method of voting at formal or 
informal meetings may be decided upon 
by the presiding officer, until such time 
as the method of voting is prescribed 
in the Constitution and By-Laws. A 
secret ballot is by all means the most 
desirable where several officers are to be 
elected. The number of officers and 
their titles, together with the number of 
directors, should be decided upon by 
vote at this meeting and should be a 
part of the Constitution or By-Laws. 

OBTAINING THE FLOOR 

It is in the power of the presiding 
officer to give the floor to any member. 
Discretion should be used, however, not 
to give the floor to one who is “out for 
trouble”, trying to oppose a measure 
which is sure to be a help to the organ¬ 
ization. The President should not al¬ 
low the same speaker to obtain the floor 
a second time, but a member who has 
introduced a subject may open and close 
the debate. 


24 


PARLIAMENTARY LAW 


The correct forms for the presiding 
officer when addressing the Assembly 
are: 1. “You have heard the motion; 

what is your pleasure? 2. “It is 
moved by Mrs. A., /seconded by Mrs. 
B., that (state motion).’’ 3. “The 

Chair would like to hear the wishes of 
the members.” After a resolution has 
been read by the introducer, who has 
been given the floor, the Chair says; 
“You have heard the resolution pre¬ 
sented by Mrs. Joy of Illinois, seconded 
by Mrs. Best of New Jersey. It is now 
in your hands and discussion is in order. 
The speakers will be limited to two 
minutes each. The Chair would like to 
hear from those who are in favor of, 
and those who are against, this measure, 
which requires a two-thirds vote.” Af¬ 
ter giving a reasonable time for discus¬ 
sion (usually from ten to fifteen min¬ 
utes on a resolution, two or three min¬ 
utes on a motion) the Chair will call for 
a vote by “yeas and nays,” (roll call). 
In announcing the result the Chair 
should say: “There are 104 yeas and 50 


PARLIAMENTARY LAW 


25 


noes; the yeas have it and the resolution 
is adopted.” 

The Chair proceeds in the same way 
after a motion has been presented, when 
the vote is taken by acclamation, by ris¬ 
ing, by general consent, or by raising 
the hands which is a little less formal. 
The members will use less time and the 
progress of the meeting will be quicker 
by applying the simpler methods of vot¬ 
ing. Unless the motion is amended, in 
announcing the result, the chair states: 
“ There are 51 ayes and 25 noes; the ayes 
have it and the motion is carried.” 
Negative results are stated in the same 
way. 

MINUTES 

The minutes of a meeting are the rec¬ 
ords of the transactions of the organi¬ 
zation. Discussions and debates are 
not a portion of the minutes, but are 
often noted separately. Motions, res¬ 
olutions and amendments which are re¬ 
corded, also the result of the voting, are 
the minutes. They may be “ approved 


26 


PARLIAMENTARY LAW 


as read*’, corrected, amended, or ex¬ 
punged. To expunge anything from 
the minutes requires at least a majority 
vote. The minutes should state at what 
hour the meeting was called to order, 
the name of the presiding officer and the 
names of all officers present. They 
should be signed by the Recording Sec¬ 
retary after they have been permanently 
recorded. Minutes of special meetings 
are read separately and are voted upon 
separately. 

Minutes may be read at the close of a 
meeting if it is desired. This is fre¬ 
quently done when there is to be a long 
interval between the meetings, as it 
gives the opportunity to make correc¬ 
tions while the subjects are fresh in the 
mind. When meetings are held at fre¬ 
quent intervals the reading of the min¬ 
utes of the previous meetings should be 
called for at the beginning of the meet¬ 
ing. Another method is to entertain 
a motion that the minutes be referred 
to the Executive Board for action, for 
acceptance, or for approval. This does 


PARLIAMENTARY LAW 


27 


not prohibit the reading of the minutes 
(if called for) at the next meeting of 
the assembly. 

When there are no further correc¬ 
tions, the minutes must be copied ex¬ 
actly for permanent preservation in a 
book provided for this purpose. Min¬ 
utes may be corrected at any meeting, 
regardless of the time that has elapsed 
since they were recorded, but under no 
circumstances should minutes be altered 
by any individual, their meaning 
changed, or a name added or taken away, 
after they have been voted upon. They 
should be filed, or copied, in ink in a 
special book marked, “ Minute Book of 
the . Society.” 

MODEL CONSTITUTION AND 
BY-LAWS 

CONSTITUTIONS AND BY-LAWS 
IN THE MAKING 

In a new organization it is customary 
to appoint a committee to prepare a 
Constitution and By-Laws, with the re- 



28 


PARLIAMENTARY LAW 


quest to report at a meeting to be called 
for the purpose of hearing and voting 
upon the Articles contained in the cons¬ 
titution. The Chairman should be fa¬ 
miliar with parliamentary methods. 
The temporary President may desig¬ 
nate the Chairman and also the mem¬ 
bers of the committee. Sometimes the 
Chairman selects the committee. There 
is no objection to nominations from the 
floor, but only those should be nomin¬ 
ated who have had some experience and 
are willing to carry out the wishes of 
the society. A Constitution should be 
short, clear and concise and should out¬ 
line the fundamental purpose. 

The articles should be six in number, 
in the following order: 

The Name, 

Object, 

Membership, 

Officers, 

Meetings, 

Amendment, 

By-Laws. 


PARLIAMENTARY LAW 


29 


ARTICLE I. 

NAME 

The name of this organization shall 
be. 


ARTICLE II. 

OBJECT 

This should state the reason for its 
formation and should be worded in such 
a way that the organization may enlarge 
its scojie of work. 

ARTICLE III. 

MEMBERSHIP 

a. There may be several classes of 
membership. Provision should be made 
for at least three classes who will be 
active and will help the growth of the 
organization. 

b. Others who might be desirable 
members, but would be inactive. The 
following classes may be selected, ac- 




30 


PARLIAMENTARY LAW 


cording to the wishes of the organiza¬ 
tion : 

Charter Members, 

Active Members, 

Associate, 

Honorary, 

Subscribing, 

Resident, 

Non-Resident, 

Guest Members, 

Life. 

c. Eligibility; clearly indicate what 
is required for admission. 

It is customary to obtain the signa¬ 
tures of two members, except in the 
formation of a Society, when a definite 
number may be admitted as charter- 
members. There should be a written 
application sent with the initiation fee, 
from a prospective member. 

Rules for the admission of members 
in the respective classes should be stat¬ 
ed in By-laws. 


PARLIAMENTARY LAW 


31 


ARTICLE IY. 

OFFICERS.. 

This article should state the number 
of officers which the organization shall 
have. It should be an odd number. 
Next should be given their titles (Presi¬ 
dent, etc.). The method of nomination 
and election, the length of terms of of¬ 
fice and how vacancies should be filled 
are prescribed in the By-Laws. 

EXECUTIVE BOARD 

a. Members of a governing board 
are not always officers, but it is essential 
that all officers should be members of 
the Executive Board, since they trans¬ 
act all business of the society and vote 
upon the expenditure of money. The 
Executive Board should protect itself in 
business transactions by obtaining the 
approval or ratification of the organiza¬ 
tion itself, for the organization is super¬ 
ior to all else. It may create or destroy. 


32 


PARLIAMENTARY LAW 


b. The Executive Board may be 
called The Board of Directors, Board 
of Managers, Board of Trustees, all of 
which are practically identical. Their 
powers should be defined and the meth¬ 
od to be used should be provided for. 

ARTICLE V. 

MEETINGS 

a. Annual. 

b. Regular, 
c. Special. 

Sec. 1. The day and hour of the an¬ 
nual and regular meetings should be 
stated. 

Special meetings should be at the call 
of the President. The number consti¬ 
tuting a quorum at the various meet¬ 
ings should be decided upon by a definite 
number, both in the Board and in the 
Assembly, otherwise the majority of 
those present and voting constitute a 
quorum, never less than three. 


PARLIAMENTARY LAW 


33 


Sec. 2. The sessions of a Society 
terminate with its annual meeting, and 
for those a special order of business is 
usually made. 

Regular meetings are determined by 
the rules of the society. 

An adjourned meeting is one for 
which the time is fixed at a regular 
meeting. Members should be notified 
of an adjourned meeting. 

A special meeting is one called, in ac¬ 
cordance with the rules of the society, 
for a particular purpose. All members 
should be notified of the meeting, and 
of the business to be acted upon; no oth¬ 
er business can be transacted. 

Meetings should not be called unless 
there is something to do. They should 
be held often enough so that the interest 
in the work of the Society may be kept 
up. Those who do not attend the meet¬ 
ings should send regrets and pay a pen¬ 
alty, if absent from two consecutive 
meetings. 


34 


PARLIAMENTARY LAW 


Examples for guidance: 

(a) Regular meetings of the Society 

shall be held on the second 
Friday of each month, from 
October to may inclusive. 

(b) The May meeting shall be the 

Annual Meeting. 

(c) Special meetings may be called 

by order of the President or 
by written request of seven 
clubs, or twenty-five members. 

(d) Special meetings of the Execu¬ 
tive Board shall be at the call 
of the President. 

(e) Elections shall take place at 

the Annual Meeting. 

ARTICLE VI. 

AMENDMENT OF CONSTITUTION 

Sec. 1. This Constitution may be a- 
mended at any regular meeting by a 
two-thirds affirmative vote of members 
present and voting, provided that notice 


PARLIAMENTARY LAW 


35 


of the proposed amendments has been 
sent to each member, or club, not less 
than twenty-one days (preferably one 
month) previous to the meeting at which 
the amendments are to be voted upon. 
By unanimous vote only the Constitu¬ 
tion may be amended at the Annual 
Meeting, without previous notice. 

Sec. 2. Every constitution should pro¬ 
vide for its own amendment, which 
should be governed by the size of the or¬ 
ganization. This article should be the 
last in the constitution. Articles may 
contain several subdivisions; these 
should be numbered consecutively. 
Clearness and the utmost brevity con¬ 
sistent with good form should charac¬ 
terize the parliamentary rules of every 
organization. 

Sec. 3. Any Society, no matter how 
satisfactorily it may have been organ¬ 
ized, in the course of time outgrows it¬ 
self and changes take place which must 
be taken into account. 


36 


PARLIAMENTARY LAW 


In amending a constitution it is no 
reflection upon the officers, the found¬ 
ers, or the parliamentarian; it is rather 
an indication of progress and tends to 
enlarge the scope of the work and the 
improvement of its status. 

ARTICLE VII 
Resignations 

The resignation of a member should 
be sent to the Corresponding Secretary 
in writing, giving a reason and stating 
the time when it is to take effect. The 
dues for the current year must be paid 
in order to resign in “good standing.” 
If he is in arrears, a check or money 
order must accompany the resignation, 
otherwise it cannot be accepted. After 
giving a reasonable time for the member 
to send the dues, and a second notice of 
non-payment has been forwarded, the 
member should be “dropped for non¬ 
payment of dues.” This should be re- 


PARLIAMENTARY LAW 


37 


corded opposite the name. Ordinarily 
this would exclude that member from 
transferring to, or joining, another So¬ 
ciety having the same object. Such 
a member is not in good standing, should 
not be a candidate for office, and is not 
entitled to vote. 

ARTICLE VIII 
Discipline 

In every organization there should 
be a By-Law providing for the disci¬ 
pline of any and all who violate the 
rules of proper conduct. There exists 
an unwritten law in Societies which es¬ 
tablishes the rights of each officer and 
member. Occasionally, however, it has 
been found that an officer or member 
exceeds his authority and expresses an 
individual opinion in such a way, as to 
give the impression that it is the voice 
of the Society. It is important that 
some form of restraint or discipline 
should be provided for. This would 
prevent any misrepresentation of the 


38 


PARLIAMENTARY LAW 


Society and eliminate unjust criticism. 
To guard against the circulation of er¬ 
roneous statements, members should 
agree that no information of any kind 
whatsoever may be given publicity with¬ 
out a majority vote of the Board of Di¬ 
rectors. The discussions and transac¬ 
tions in a board meeting should be ab¬ 
solutely confidential. Unofficial infor¬ 
mation is not reliable and often leads to 
serious trouble. It is astonishing how 
much confidential information leaks out 
in spite of all precautions. 

A form of discipline in each case 
should be decided upon by the Board. 
For example: An opportunity to apolo¬ 
gize, temporary suspension from office, 
reprimand, a member placed upon pro¬ 
bation, or a request for his resignation. 
None of these methods of discipline 
should be applied without first being 
sure that the offense was willingly or 
knowingly committed, and without giv¬ 
ing the offender an opportunity to be 
heard. 


PARLIAMENTARY LAW 


39 


BY-LAWS 

A society, simply constructed and 
with no complexity in its business, re¬ 
quires no more than a charter or consti¬ 
tution for a basis of its operations; but, 
if there is a desire for guidance and de¬ 
tailed statements, or for frequent chang¬ 
es of the rules, a series of by-laws should 
be arranged explaining in simple form 
the officers’ privileges and duties, the 
number of committees, the time and 
place of meetings, and where the control 
and management of the organization 
shall be placed. 

The By-Laws may mention the par¬ 
liamentary authority to govern proced¬ 
ure, and may also allow a parliamentari¬ 
an to settle differences. By-Laws 
should provide for their own amend¬ 
ments. The interpretation of the Cons¬ 
titution and By-Laws by the presiding 
officer must stand as correct, unless the 
decision is appealed from, which re¬ 
quires a two-thirds vote. 


40 


PARLIAMENTARY LAW 


ARTICLE I. 

DUTIES OF OFFICERS 
Section 1. 

(a) The President shall preside at all 

meetings of the Federation and 
of the Executive Board, and shall 
perform all other duties per¬ 
taining to the office. 

(b) Shall be ex officio a member of all 

committees and shall be notified 
of all meetings. 

(c) Shall sign together with the Trea¬ 

surer all bills to be paid by the 
organization or Board, and coun¬ 
tersign all checks and financial 
transactions. 

(d) Shall appoint chairmen of all 
committees, with the approval of 
the Board. 


PARLIAMENTARY LAW 


41 


Section 2. 

Vice-Presidents shall assist the Pres¬ 
ident whenever possible in the dis¬ 
charge of duties, and in their respective 
rank shall preside at meetings in the 
absence of the President. 

Section 3. 

The Recording Secretary shall keep 
the minutes of the meetings and of the 
Executive Board; shall enter the min¬ 
utes of the meetings in a record-book 
kept for that purpose, after they have 
been approved; shall be the custodian 
of records, documents and valuable pa¬ 
pers, and also have charge of the seal. 

Section 4. 

The Corresponding Secretary shall 
give notice of all meetings, conduct all 
necessary correspondence, keep a roster 
of the members of different classes and 
be ready to call the roll when required. 


42 


PARLIAMENTARY LAW 


Section 5. 

The Treasurer shall be the custodian 
of the funds and shall pay obligations 
upon orders, signed by the President, 
when authorized by the Executive Board 
or Trustees; shall receive and deposit 
fees and dues of members and render 
a report annually, which has been audit¬ 
ed. A bond should be given when large 
sums are collected. Funds of Societies 
should never be deposited in the name 
of an individual, but in the name of the 
Society. 

Section 6. 

The Registrar shall keep a record of 
the interesting events of the organiza¬ 
tion and a signed duplicate of the mem¬ 
bership blank, and shall furnish correct 
forms to prospective candidates; light¬ 
en the duties of the Corresponding Sec¬ 
retary, attend to filing membership 
cards and aid in clerical work. 


PARLIAMENTARY LAW 


48 


ARTICLE II. 

ADVISORY BOARD 

The President shall be Chairman of 
the Executive Board and shall preside 
at meetings of the Board and of the 
Society. 


ARTICLE III. 

ANNUAL DUES 

The annual dues shall be.dollars, 

jd ay able in November. 

ARTICLE IY. 

ELECTIONS 
Section 1. 

The election of officers shall be by 
ballot at the Annual meeting. Nomina¬ 
tions for candidates shall be according 
to the instructions of the Governing 
Board as provided for in the By-Laws. 



44 


PARLIAMENTARY LAW 


Section 2. 

The President, second Vice-Presi¬ 
dent, fourth Vice-President, Corre¬ 
sponding Secretary, Treasurer and 
four Directors shall be elected in the 
odd years. 

The first Vice-President, third Vice- 
President, Recording Secretary, Regis¬ 
trar and three Directors shall be elected 
in the even years. 

Section 3. 

All officers and directors are eligible 
for one re-election and, if faithful and 
efficient, should be re-nominated. 

ARTICLE V. 

Vacancies in the Executive Board 
shall be filled for the unexpired term by 
a two-thirds affirmative vote of the Ex¬ 
ecutive Board. 


PARLIAMENTARY LAW 


45 


ARTICLE VI. 

A quorum may be any definite num¬ 
ber decided upon. In national organ¬ 
izations a quorum should be not less than 
ten clubs, or a percentage to be decided 
upon. A quorum in the Executive 
Board should be one-third of the mem¬ 
bers of the Board. Where no number 
is specified in the By-Laws, a majority 
of those present entitled to vote can 
transact business, never less than three. 

ARTICLE VII 

AMENDMENT TO BY-LAWS 

Any one of the following forms may 
he used . 

Form 1. These By-Laws may be amend¬ 
ed by a majority vote at any regular 
meeting. 

Form 2. These By-Laws may be amend¬ 
ed at any regular or special meeting of 
the Society by a majority vote, provided 


46 


PARLIAMENTARY LAW 


that two weeks’ previous notice has been 
sent to each member stating the desired 
change. 

Form 3. Or they may be amended by a 
two-thirds vote in the form of amend¬ 
ments without previous notice. The 
consent of the Executive Board should 
be obtained when no advance notice is 
sent to members. 

Form 4. By unanimous consent of the 
Society By-Laws may be amended at 
any regular meeting without previous 
notice. 


SPECIAL RULES 

The proceedings of no single delib¬ 
erative body can be taken strictly as a 
parliamentary model for all others. 
Each body requires special rules of 
procedure to fit its special needs. All 
regulations which a society may wish 
to alter frequently, and all rules such 
as may need to be suspended for a 
single occasion, should be arranged un- 


PARLIAMENTARY LAW 


47 


cler the head of By-Laws or Special 
Rules. These can be suspended tempo¬ 
rarily at any meeting, remaining in 
force as soon as the single occasion for 
the suspension is passed. These rules 
may specify the time allowed to each 
speaker in debate, the terms upon which 
visitors shall be admitted, the hour for 
calling to order and for adjournment, 
the place of meeting, the order of busi¬ 
ness, etc. Whether any regulations 
should be placed in the By-Laws, or in 
the Special Rules, must be determined 
by the Board of Directors or by the as¬ 
sembly. 

The Special Rules may provide for 
their own suspension. 

When expedient, in large bodies a 
two-thirds vote ought to obtain for the 
suspension of Special Rules. 

IMPORTANT RULES TO REMEMBER 

(a) The Chair rises when stating a 
question, which should be repeated af¬ 
ter the mover has presented it. 


48 


PARLIAMENTARY LAW 


(b) The Chair rises when putting a 
question to vote. In calling for the yeas 
and nays during the roll-call the Sec¬ 
retary rises and the President is seated. 

(c) The Secretary does the counting 
and reports the result to the President, 
who rises and announces the result of 
the vote. 

(d) He should rise when replying to 
a member who has risen for informa¬ 
tion and when speaking in response to 
a question of order. 

(e) He should seldom use the personal 
pronoun “I”, but should refer to him¬ 
self as “the Chair ” 

Many people say that they “know all 
about parliamentary law”. Be very 
careful of such people, for no one really 
knows every rule in parliamentary law. 
The more one knows the less one tries 
to show off his knowledge, since the 
best parliamentarians make errors, usu¬ 
ally from forgetfulness or perhaps be¬ 
cause they are human. 


PARLIAMENTARY LAW 


49 


The presiding officer should never 
debate a question while presiding. 
When his opinion is asked for by any 
member of the assembly, he should in 
a dignified way request the first Vice- 
President to take the chair, then step 
a little to the foreground and give his 
views, but place the responsibility of the 
decision as far as possible upon the 
assembly. 

The Chair should be impartial and 
non partisan. 

ORDER OF BUSINESS 

Every deliberative body should 
have a regular order of business to be 
followed at its meetings. This may be 
prepared by a member, or by a com¬ 
mittee, and adopted by a majority vote 
of the assembly. The order may be 
more or less flexible, depending upon 
the amount and variety of business to 
be transacted. One of the following 
forms would be practical for most or¬ 
ganizations : 


50 


parliamentary LAW- 


FORM No 1 

1. Calling to order. 

2. Reading of minutes. Reports. 

3. Unfinished business.. 

4. New Business. 

5. Adjournment. 

The President may decide which 
form to select. 

FORM No. 2 

1. Calling to order. 

2. Roll Cah. 

3. Approval of the Minutes. 

4. Reports of Officers. 

5. Reports of Special Committees. 

6. Reports of Standing Comittee. 

7. Unfinished Business. 

8. New Business. 

9. Adjournment. 


PARLIAMENTARY LAW 


51 


ORDER OP THE DAY 

It is always desirable that the Pre¬ 
siding Officer should have before the 
meeting a written statement of the busi¬ 
ness to be transacted. In large assem¬ 
blies (in order to carry out a specific 
program) directly after the reading of 
the minutes it is customary to entertain 
a motion as follows: 44 Madam, or Mr. 
President, I move that the program 
prepared by the committee be adopted 
as the order of the day.” This does not 
require a seconder. The Chair then an¬ 
nounces: “You have heard the request 
that this program be the order of the 
day. If there are no objections, the as¬ 
sembly will now proceed with the order 
of the day.” In case any member at 
this time is anxious to present some¬ 
thing else before this is accepted, the 
following form may be used:“I move 
that in order to adjust certain condi¬ 
tions which affect this convention re¬ 
garding the railroad tickets for dele- 


52 


PARLIAMENTARY LAW 


gates, this matter be taken up before 
the vote on the order of the day. I there¬ 
fore raise the question of consideration 
before voting on the order of the day.” 
This appears to be against the carrying 
out of the program, but really it is not. 

If an affirmative vote has been taken 
upon the order of the day and the pro¬ 
gram has been accepted, this action re¬ 
moves the question of consideration. 

A negative vote, however, disposes of 
the order of the day temporarily, or un¬ 
til such time as the question regard¬ 
ing immediate action is disposed of. 

After the disposition of any pending 
measure the call for the order of the 
day may be renewed. After acceptance, 
any motion to take up a question out of 
its proper order cannot be amended, 
cannot be debated, and can only be 
carried by a two-thirds vote in the form 
of a motion to suspend a rule. 

In the event of a series of questions 
being ordered for the day, each question 
can be laid on the table, one at a time, 


PARLIAMENTARY LAW 


53 


until tlie assembly arrives at a particu¬ 
lar question which it wishes to reach 
quickly. When a certain hour has ar¬ 
rived for the transaction of definite 
business that business becomes the 
order of the day. 

A call for order of the day takes 
precedence and outranks everything ex¬ 
cept a previleged question, or a motion 
to reconsider. 

Special orders outrank general or¬ 
ders. 

CORRECT FORM OF PLATORM 
COURTESIES 


President General or President 
Chairman of the Day 
Corresponding Secretary 
Recording Secretary 

Treasurer 1st Vice-President 

Honorary Officers 

Honorary Guest 2nd Vice-President 

Honorary Officer’s Registrar 
Parliamentarian Timekeeper 

Ex-Presidents Page Guests 

Extra Places 


54 


PARLIAMENTARY LAW 


Honorary guests and officers should 
be seated on the platform by invitation 
of the Presiding Officer. 

Every platform courtesy should be 
extended to Honorary Guests and Hon¬ 
orary Officers by the presiding officer 
who should designate their places 
according to rank and importance. 

It is important that a page should be 
placed near the President where he, or 
she, may easily receive messages. A sec¬ 
ond page should be placed in front of 
the platform for general use. No one 
should require anything of the Presi¬ 
dent’s page except for messages to or 
from the President or the officers. 

Dignity is one of the essential quali¬ 
ties in a President. This does not im¬ 
ply that a presiding officer may not be 
humorous and witty at times, as this 
frequently enables a serious and un¬ 
pleasant situation to be turned into a 
pleasant one. Unless the presiding of¬ 
ficer can control his own temper it is 
impossible to control the assembly. 


PARLIAMENTARY LAW 


55 


All officers should be in their seats on 
the platform at the appointed hour and 
should not delay the progress of the 
meeting by unecessary conversation 
with members, or with each other, as 
they may hinder the “call to order”. 

At the specified time the President, 
with gavel in hand, should rise—after 
acknowledging applause — the gavel 
should fall once with a loud and clear 
tap (but not with short, jerky raps) 
and say :- 

“The first Annual meeting of the 
Supreme Council of the International 
Courts in Convention assembled is 
called to order.” 

Less formal announcement: 

“The meeting will come to order.” 

This should not be announced until 
there is absolute silence in the room. If 
the Chair still notices confusion and 
talking, the hand should be raised, indi¬ 
cating silence until the assembly is qui¬ 
et, then he taps again firmly and a little 
louder when the announcement is con- 


56 


PARLIAMENTARY LAW 


tinued. The President’s greeting fol¬ 
lows. 

The President continuing says: “We 
shall now listen to the reading of the 
minutes of the last meeting (or conven¬ 
tion) by the Secretary Mrs. The 

latter rises, addresses the chair and the 
officers, thus: “The Secretary presents 
the minutes of the last meeting (reads 
loudly and slowly all the transactions.) 
Respectfully submitted for correction 
and amendment. ’ ’ 

The President, seatdd during the 
reading, should then rise, address the 
assembly and ask if there are any cor¬ 
rections or amendments. This places 
the responsibility of that which is to 
follow upon the members. At this time 
there are usually slight corrections and, 
unless there is a difference of opinion, 
the Secretary is ordered to make the 
correction in the minutes. 

To alter these in any way, except to 
use better English, or slightly to re¬ 
word, is absolutely out of order and is 



PARLIAMENTARY LAW 


57 


not permissible. To change the mean¬ 
ing, or to change or insert names of 
persons, is inexcusable and unparlia¬ 
mentary. 

COMPLEX QUESTIONS 

Occasionally a member, or a group of 
members will try to “put over” an un¬ 
desirable proposition in the form of a 
motion, or resolution, which surprises 
the officers and most of the members; a 
President therefore must always keep 
in mind these questions:— 

Is this measure one which it is wise 
to consider without any previous under¬ 
standing ? 

Is it for the good of the organiza¬ 
tion 1 

Is it based on personal ambition, and 
supported by the friends of an individ¬ 
ual? 

Is it possibly a plan of a group desir¬ 
ous of obtaining political influence ? 
It is difficult to decide without giving 


58 


PARLIAMENTARY LAW 


offense to those in favor of the measure. 
The discussion and the prevailing ex¬ 
pression on the faces of the audience 
will help in deciding. It is a good pol¬ 
icy to entertain a motion to “lay on the 
tablein this way no offense is given 
and the chair has not taken sides for or 
against the plan. To a presiding of¬ 
ficer all measures and all members are 
of equal importance. 

When a point of order is raised, the 
presiding officer ought to be able to 
judge whether it is well taken or not. 
This is the time when the decision of the 
Chair can be confirmed by referring the 
matter to the parliamentarian, who acts 
as a consultant. Serious parliamentary 
errors can be avoided by insisting that 
the motions should be sent to the plat¬ 
form in writing. This need not arrest 
the discussion on the subject contained 
in the motion, but, when ready for vot¬ 
ing, the President should have it in cor¬ 
rect form. Of course in simple motions, 
where there is practically no difference 


PARLIAMENTARY LAW 


59 


of views, a written motion is unneces¬ 
sary. Where quick action is important 
and time is limited, a verbal motion is 
in order and is less formal. 

In large assemblies members fre¬ 
quently hesitate in voting and refrain 
from voting “no”, partly because it 
might appear like an opposition to the 
measure, when the result of the negative 
vote is exactly what they wish to effect. 
The frequent prevalence of the vote 
“Aye” is amusing, especially as it often 
defeats the very thing which the assem¬ 
bly is anxious to accomplish. 

A motion should be made so clear that 
there can be no doubt as to its meaning. 

PLACE RESPONSIBILITY 
WHERE IT BELONGS. 

In convention a parliamentarian 
should be seated near the presiding of¬ 
ficer (not on the floor of the house), be¬ 
cause the President should not be o- 


60 


PARLIAMENTARY LAW 


bilged to assume all the responsibility 
of the decision and so lose the thread of 
the discussion or the order of business. 
Furthermore, authorities differ on some 
points and rules must be at times looked 
up. This is the duty of the parliamen¬ 
tarian and does not distract the mind of 
the presiding officer, whose decision 
however, must stand, unless appealed 
from. 

OFFICERS AND GOVERNING 
BOARD 

There should be a President, First, 
Second and Third Vic e-Presidents, 
a Recording Secretary, a Correspond¬ 
ing Secretary, a Treasurer and a Regis¬ 
trar. These should constitute a Gov¬ 
erning Board, with the addition of nine 
efficient, well-balanced members, elect¬ 
ed from among the active members, 
four of whom should serve in the odd 
years, (eligible for re-election,) and five 
for two years in the even years. They 


PARLIAMENTARY LAW 


61 


are to be known as the Executive Board; 
they have the management of the affairs 
and funds of the Society and at all times 
act upon any important questions 
brought before the Society. 

This Board also ratifies any impor¬ 
tant undertaking presented to the So¬ 
ciety, if two-thirds of the Board are in 
favor of the measure. 

Directors elected in an odd or even 
year, whose term of office expires before 
the regular term, should be re-elected if 
efficient, in accordance with the rule a- 
dopted by the society. All terms of 
office should be for two years. If in the 
formation of a society the four direc¬ 
tors elected for one year are nominated 
for re-election, this will give to the nom¬ 
inee a one or three-year term of office. 
The other four officers will have served 
for two years. The solution of this 
may be found by Officers and Directors 
dividing the honors in the odd and the 
even number of years. After the or¬ 
ganization has been in existence one 


62 


PARLIAMENTARY LAW 


year it should be stated in the printed 
list of officers when their respective 
terms expire. 

OBLIGATIONS AND 
PRIVILEGES OF OFFICERS 

The President should not accept the 
office of President unless he can control 
his temper and rise above personalities. 
He should be just, courteous and un¬ 
selfish, should understand the principle 
rules of parliamentary law, and should 
guide the assembly in such a way as to 
avoid the semblance of excited argu¬ 
ments which may become personal at¬ 
tacks. The President should be sure 
of being right when making assertions. 

At the appointed hour the Chair 
(President) should rise and with one 
rap of the gavel state that the meeting 
is called to order, first being sure that 
a quorum is present. In large assem¬ 
blies it is customary to open with 


PARLIAMENTARY LAW 


63 


prayer. Tlie President introduces the 
Reverend Mr. Elder and calls for the 
invocation, after which the Secretary 
is called upon for the reading of the 
minutes, corrections and amendments 
are in order. A motion to dispense 
with the reading of the minutes is often 
desirable. 

The presiding officer then carries out 
“the order of the day” as prescribed, 
observing the necessity for voting upon 
the order of the day, which may mean 
some special work to be taken up, or the 
adoption of a program already pre¬ 
pared; the latter is presented in the 
form of a motion, which takes prece¬ 
dence over the regular order of busi¬ 
ness. 

The presiding officer next refers the 
business of the program to the assembly. 
The chairmen of various committees 
should have the opportunity of present¬ 
ing their own speakers and submitting 
the important items to the assembly for 
decision. The Chairman should read the 


64 


PARLIAMENTARY LAW 


names of those who have served as mem¬ 
bers of that committee. 

The presiding officer should neither 
make nor second motions, should not 
debate or express opinions unless asked 
for; should rise when stating a motion 
and putting it to vote, but should be 
seated when a member has been given 
the floor. The Chair should call to ord¬ 
er any member who persists in speaking 
too often, or in a way detrimental to the 
members or to the dignity of the occa¬ 
sion. 

Any member who is dissatisfied with 
the ruling of the Chair may rise and 
say: “I rise to a point of order.” If 
an appeal from the Chair’s decision is 
then taken, the question is open to de¬ 
bate and a vote is necessary. If it is a 
tie, the Chair is sustained. 

VICE-PRESIDENT 

Whenever the President is absent, 
late, or is unable to attend a meeting, the 
First Vice-President assumes all the 


PARLIAMENTARY LAW 


65 


duties of the office. In the absence of 
the First Vice-President, the Second 
Vice-President should preside and per¬ 
form all the duties pertaining to the 
office of President or First Vice-Presi¬ 
dent. If no higher officer is present, 
the Recording Secretary may call the 
meeting to order at the appointed time 
and ask for the nomination of a tempo¬ 
rary, or acting President, who serves 
for the time being. 

RECORDING SECRETARY 

The Recording Secretary is the cus¬ 
todian of the seal and of all the docu¬ 
ments of the Society; should keep them 
in a safe place, and should have them 
listed in such a way that it will be easy 
to produce them if called for. He, or 
she, should keep an accurate list of 
members for reference and should call 
the roll whenever required, should sign 
either alone, or jointly with the presi¬ 
dent, all bills, deeds, payable accounts 


66 


PARLIAMENTARY LAW 


and legal papers as directed. He, or 
she, should be seated near the presiding 
officer and keep the minutes of all meet¬ 
ings, which must be read upon the call 
of the President and should also read 
such papers as may be requested by 
the assembly. A little practice should 
make one apt at making records of pro¬ 
ceedings. The Recording Secretary 
has the right to introduce motions, to 
second motions, to take part in debates, 
to vote and to participate in the proceed¬ 
ings, unless this interferes with the tak¬ 
ing of minutes. The holding of office 
does not annul the right of any member 
to take part in the proceedings. 

CORRESPONDING SECRETARY 

The Corresponding Secretary’s duty 
is to notify members of all meetings, to 
attend personally to the correspondence 
of the society, and to send notes of con¬ 
dolence, or resolutions which have been 
adopted, to the proper parties when oc- 


PARLIAMENTARY LAW 


67 


casion requires; to keep on file all im¬ 
portant letters received, preserving a 
copy of all written communications. 

TREASURER 

It is the duty of the Treasurer to re¬ 
ceive and dispense the money of the so¬ 
ciety, according to the rules of the Con¬ 
stitution, to collect the dues from the 
members; to enter in a book provided 
for this purpose the record of receipts 
and expenditures from fees and dues 
of members and from entertainments, 
benefits, exhibitions, etc. The Treas¬ 
urer shall pay from the treasury money 
as directed by the Society, or by the Ex¬ 
ecutive Board, countersigned by the 
President, the Recording Secretary, or 
both as may be agreed upon. 

The Treasurer should make a state¬ 
ment of the balance once a month and 
state where the money is deposited. All 
accounts should be audited annually and 
the auditor’s signature should be upon 



68 


PARLIAMENTARY LAW 


the report. The Treasurer should, 
when large sums are expended, have the 
account vouched for as to its correct¬ 
ness by a certified accountant. The 
Treasurer’s report, if accepted by the 
Board of Governors, may be presented 
to the assembly quarterly; no vote 
should be taken to adopt it, however, 
until the auditor has reported that the 
account is correct. An Assistant Trea¬ 
surer may hold funds temporarily for 
special purposes. 

REGISTRAR 

The duties of a Registrar are, to 
keep on file duplicate application- 
blanks for the records of the Society. 
The Registrar should receive and send 
out these blanks in duplicate, explain¬ 
ing the methods of election and should 
notify the Governing Board regarding 
the number of candidates for admission 
and those who have been admitted. She 
should check up with the Treasurer 


PARLIAMENTARY LAW 


69 


twice a year, a correct list of members 
in good standing. An accurate account 
of the result of new applications should 
be rendered annually to the Society, 
especially if she is empowered to pass 
upon the eligibility of members. 

EXPLANATION OF CAPITAL 
LETTERS USED IN THIS BOOK 

F—Floor. Meanipg that the name must 
be announced by the chair before the 
member can state her motion. 

S.—Second. The motion requires to be 
seconded before the Chair may state 
the motion. 

A—Amend. The motion to amend is 
in order; also to amend the amend¬ 
ment. 

M—Majority number of votes required. 
%—Twice as many required on one side 
as on the other to carry or to lose the 
measure in question. 

%—Three times as many in favor or 
against the measure. 


70 


PARLIAMENTARY LAW 


D—Debatable. The motion can be de¬ 
bated once only by each speaker; the 
limit of time for debate should be 
stated. 

I—Interrupt. Some motions may in¬ 
terrupt a speaker who has the floor, or 
may interrupt the proceedings of the 
meeting. 

R—Reconsider. Vote upon the motion 
may be reconsidered during the same 
session only . 

An interrogation point following a let¬ 
ter indicates that the case depends on a 
certain condition, which can be learned 
in the text. 

The figure on the left denotes the rank 
of the question among its kind, for in¬ 
stance, a question can precede one of 
lower rank than itself; but it is out of 
order if one of the same, or of higher, 
rank than itself is pending. 

A question is pending from the time it 
is stated by the Chair until it is voted 
upon. 


PARLIAMENTARY LAW 


71 


MOTIONS 

USE YOUR OWN MENTAL 
CHART 

Remember the Ranking Motions 

First commit to memory the rank of 
motions. Printed charts are valuable, 
but it is far better to rely on a mental 
chart of your own making. 

Incidental questions should always 
be decided without debate. They are im¬ 
portant only because they are the out¬ 
come of main, subsidiary, or privileged 
motions. All require a seconder. A 
point of order outranks all motions, 
and it is not necessary to have a sec¬ 
onder. 

Where motions of equal rank in the 
incidental group are made, although 
there may be a difference in their im¬ 
portance. When a motion has been 
stated it must be voted upon before 
another of equal rank can be considered. 


72 


PARLIAMENTARY LAW 


The order may be decided by the 
President or by a majority vote. They 
may all be reconsidered, except where a 
motion is made to suspend the rules. 

A motion to adjourn is in order at 
any time, except when a motion to take 
a recess has been made, unless the ques¬ 
tion of consideration has been raised, 
or the previous question has been call¬ 
ed, which is actually a motion to close 
debate. 

Classification of Motions 
The Main Question, F.S.D.A.R. 
Subsidiary Motions. 

1. Question of consideration I. R. %. 

2. To lay on the table, F.S.R.? 

3. The Previous Question P. S. R. %. 

4. To postpone to a certain time. 

F. S. D. R. 

5. To committ, re-commit or refer, F. S. 

D.A.R. 

6. To postpone indefinitely, F. S. D. R. 

7. To Amend, F.S.D.A.R. 


PARLIAMENTARY LAW 


73 


Privileged Questions. 

Privileged Motions: 

1. To fix a time to which to adjourn 
S.A.R. 

2. To adjourn, S. 

3. To take the recess, S. 

Questions of Privileges or Ranking 
Motions: 

4. Concerning the assembly, I—F.S. 
D.A.R. 

5. Concerning the member, I—F.S. 
D.A.R.) 


Incidental 

1. Questions of order I.R. 

Reading of papers, F.S.R. 
Withdrawal of motion, F.S.R. 
Suspension of rules, F.S. %. 
Division of question, F.S.A.R. 
Method of consideration, F.S.A.R. 
Incidental questions. Incidental 
questions are those which have not the 
importance of principal motions but 
are motions which have become neces- 


74 PARLIAMENTARY LAW 

sary, owing to certain developments in 
the progress of the meeting but which 
play an important part concerning the 
assembly. Under this heading they 
consider the following as incidental 
motions: 1. Suspension of the rules of 

the Constitution or By-Laws. 2. To 
grant a request for the withdrawal of 
the motion. 3. Permission to read a 
paper, or some prepared document. 
4. Question of consideration (which 
should always be made before any de¬ 
bate has been started). 5. A point of 
order. 6. An appeal from the decision 
of the chair. 7. Motion to reconsider, 
previously explained. 

A motion once lost cannot be reintro¬ 
duced during the session unless a mo¬ 
tion to reconsider is made before the 
close of the session. 

Appeal from the Ruling of Chair, 
S.D.R. 

To reconsider I. S. D. 

To rescind, F.S.D.A.R. 


PARLIAMENTARY LAW 


75 


MISCELLANEOUS MOTIONS 

Take from Table. 

Reconsider. 

Rescind. 

To renew motion. 

(after it lias been recorded by 
Secretary). 

To ratify an action. 

Absurd and unreasonable motions are 
out of order. 

Withdrawal of Motion, F. S. R. 

There are many different rulings up¬ 
on this motion, as to requiring a second¬ 
er. In the House of Representatives 
no seconder of an ordinary motion is 
required. 

The author expresses the opinion that 
the request to withdraw a motion should 
he seconded, that it is not an ordinary 
motion; and that as soon as a motion or 
question is stated it belongs to the As¬ 
sembly, and that it cannot be withdrawn 
without the request of the mover and 


76 


PARLIAMENTARY LAW 


the consent of the assembly. The words 
“motion’’ and “question” in this case 
are identical. A courteous form for the 
chair to use would be: “Are there any 
objections to the request that this mo¬ 
tion be withdrawn?” The seconder 
should consent, then the Chair says: 
“The Chair hears none and the consent 
of the assembly is granted. ” This is lit¬ 
erally a vote by general consent. A vote 
by ayes and noes on this point would not 
be out of order. If the assembly objects 
to the withdrawal of the motion, a mo¬ 
tion may be made to lay the main ques¬ 
tion on the table. During the discussion, 
if deemed advisable, a motion to lay on 
the table or to postpone to a definite 
time would be in order. 

RANK OP MOTIONS 

1. As soon as the meeting is open, if 
there is any possibility of not finishing 
the business at that time, it is proper to 
entertain a motion fixing the time in 


PARLIAMENTARY LAW 


77 


which to adjourn. Example: “I move 
that in the event of our not being able 
to finish the business for which we are 
called, when we adjourn we adjourn to 
meet again one week from today at the 
same hour and place.’’ The adjourned 
meeting then becomes a part of the 
meeting which is at present in session. 
All transactions which have taken place 
in the two sessions become the minutes 
of this meeting. 

2. A motion to adjourn is in order, 
unless a motion to close the debate, 
which is “the previous question” or a 
motion to take a recess has been made, 
or unless the question of consideration 
has been raised. 

3. Motion to reconsider. This mo¬ 
tion must be made during the same ses¬ 
sion, and some authorities claim that 
this should be made by one who voted 
for the measure. This motion, how¬ 
ever, may interrupt the motion to ad¬ 
journ before the announcement has been 
made that the meeting is adjourned. It 


78 


PARLIAMENTARY LAW 


should be borne in mind that, if there is 
a prospect that a measure should be re¬ 
considered, it is well to have the propos¬ 
er and seconder ready to move this 
method of changing the result or mod¬ 
ifying the measure, as it is third in rank. 

4. Motion to take a recess. This is 
seldom taken advantage of but provides 
an opportunity for informal discussion. 
This is very similar to resolving the As¬ 
sembly into a “committee of the whole,” 
except that there is no Chairman or 
Secretary to report back to the Assem¬ 
bly. 

A privileged motion. A question of 
privilege concerning the assembly 
should be entertained first and takes 
precedence over a question of privilege 
concerning a member or an individual. 
Either one of these may interrupt a 
speaker or a discussion. Naturally one 
would give preference to that which af¬ 
fects the greatest number of people. 

Questions of order. Orders of the 
day which become the first proper busi- 


PARLIAMENTARY LAW 


79 


ness of the organization. A motion 
that the program prepared becomes the 
order of the day is the proper method 
of beginning a meeting. 

COMPLEX MOTIONS 

Difference between the “Question 
of Consideration” and “Recon¬ 
sideration” 

Question of consideration. The ques¬ 
tion of consideration may interrupt 
the speaker and take precedence over 
any other motion except a point of 
order, and if seasonably stated cannot 
be superseded by any other motion. It 
does not yield even to the call for the 
order of the day. It requires a two- 
thirds vote and the vote upon it may 
be reconsidered. It does not need a 
seconder and is a most important mo¬ 
tion provided that the assembly is not 
yet fully in favor of considering a prop¬ 
osition; in which case if the motion is 
made, “to raise the question of consider- 


80 


PARLIAMENTARY LAW 


ation,” and two-thirds of the members 
are opposed to considering the question, 
it disposes of the matter permanently. 
At the next hearing of the subject, it 
should be re-worded and come up be¬ 
fore the assembly as a main motion and 
not as a subsidiary. We shall take up 
along this line the method of consider¬ 
ation. 

The question of consideration can 
be applied in the form of a motion, 
to limit debate, to allow the speaker to 
continue, to consider the matter in hand 
in a committee of the whole, or to con¬ 
sider the matter informally. The lat¬ 
ter means that each member without a 
separate motion may speak as often as 
he can obtain the floor; but if there is 
a time limit for each speaker, the time 
must be strictly adhered to. When con¬ 
sideration of a measure is informal no 
motion is in order except a motion to 
amend. Bear in mind that the intro¬ 
duction of any other motion closes for¬ 
mal discussion. 


PARLIAMENTARY LAW 


81 


A motion relating to the considera¬ 
tion of a question must obtain the floor, 
must have a seconder, may be reconsid¬ 
ered and amended. 

To lay on the table. A motion may 
be laid on the table when it applies 
to the main question, to a question of 
privilege, to an appeal, to an amend¬ 
ment of the minutes, and to the motion 
to reconsider. This motion is unde- 
batable. 

The following order should be ob¬ 
served as to rank: 

The previous question. 

The motion to postpone to a cer¬ 
tain time. 

The motion to refer to a com¬ 
mittee. 

The motion to postpone indef¬ 
initely. 

Apparently these are of equal rank, 
for the reason that although the prev¬ 
ious question on a motion to postpone 
indefinitely, or a motion to refer to a 
committee, disposes of the opportunity 


82 


PARLIAMENTARY LAW 


of further discussion, but it does not af¬ 
fect the vote which is to be taken on the 
motion to refer to a committee. Where¬ 
as, to postpone indefinitely would make 
the motion to commit inoperative, and 
would probably kill the measure. 

A motion that conflicts with the Con¬ 
stitution and By-Laws should be con¬ 
sidered out of order. 

RECONSIDERATION 

The motion to reconsider cannot be 
amended and requires a majority to 
carry. It is debatable or undebatable, 
as is the question which it is proposed 
to reconsider. When the question under 
discussion is undebatable the reconsid¬ 
eration must be put to vote without de¬ 
bate. This motion indicates that the 
vote which was taken was not thorough¬ 
ly understood, or something has arisen 
which has caused at least two of those 
who voted for the question to change 
their minds. The vote must be taken a 


PARLIAMENTARY LAW 


83 


second time after this motion is intro¬ 
duced; an affirmative majority will car¬ 
ry, it is then in order to reconsider the 
action previously taken. 

The motion to reconsider is a correct 
procedure in parliamentary law. How¬ 
ever, in the British Parliament “no 
question may ever be reconsidered”. 
If the assembly has voted in error, it is 
rectified by another act. In the United 
States, the vote on any motion may be 
reconsidered, or revised, except the fol¬ 
lowing, which cannot be reconsidered: 
To adjourn, to take a recess, to suspend 
a rule, to vote by ballot, to lay on the 
table and to take from the table. If 
the affirmative vote prevails to lay the 
subject on the table, it might prevent 
serious opposition, or even a violent dis¬ 
cussion, when a matter which has been 
disposed is being brought forward a- 
gain. 

A motion to reconsider brings back 
the question before the Assembly and 
places it just where it stood before 


84 


PARLIAMENTARY LAW 


the vote was taken. In case an amend¬ 
ment has been voted upon and agreed 
to, the vote on that amendment must 
also be reconsidered. In fact, it must 
retract in reverse order all votes affect¬ 
ing the motion to be reconsiderd. 

In case any definite action incur¬ 
ring expense has been taken by a 
committee, such a motion cannot be re¬ 
considered but should be rescinded, un¬ 
less provision is made to meet all obliga¬ 
tions, for work already done in com¬ 
mittee, such as the signing of papers, 
etc. If anything which the body cannot 
reverse has been accomplished as a re¬ 
sult of the vote, it prevents that vote 
from being reconsidered. 

A motion to reconsider can be made 
only on the day when the vote was 
taken or during the same session. In 
Congress it is sometimes permitted on 
the succeeding day. 

In the event of the Secretary’s re¬ 
cording the vote for reconsideration 
in the affirmative, the discussion and re- 


PARLIAMENTARY LAW 


85 


consideration recorded may be called 
for at a different time than the day on 
which the motion was made, thereby 
making the call to reconsider dependent 
upon the record of the Secretary’s min¬ 
utes. 

A motion to reconsider can be made 
only by a member who voted on the 
prevailing side, as it would be a waste 
of time for one on the losing side 
to make it. It takes precedence over the 
order of the day, but may be laid on the 
table, or may be postponed to a certain 
time. 

The motion to reconsider, a reso¬ 
lution, motion, or amendment applies 
only to that which is specified in the 
motion to reconsider; and does not al¬ 
ways apply to the entire subject voted 
upon. 


86 


PARLIAMENTARY LAW 


FIVE RULINGS ON 
RECONSIDERATION 

1. This motion cannot be presented 
by the chair unless it is previously of¬ 
fered by one who voted in favor of the 
prevailing side, showing either that the 
person voting had seen the result to be 
undesirable or that the exact meaning 
of the motion when presented had been 
misunderstood. 

2. This motion may interrupt an ad¬ 
journment, if called for and made be¬ 
fore Chair has made the announcement 
that the meeting stands adjourned. The 
motion to adjourn cannot be reconsid¬ 
ered. 

3. This motion ranks third in order 
when applied as a subsidiary motion. 

4. A motion to take a recess provides 
for informal discussion and is possibly 
an amicable way of disposing of certain 
difficulties. 

5. It cannot be postponed indefinite- 


PARLIAMENTARY LAW 


87 


ly. It cannot be referred to a commit¬ 
tee. 


MOTION TO RESCIND 

A motion to rescind can be made re¬ 
gardless of the time that has elapsed 
since it was carried and stands in every 
respect on the footing of a main motion. 
If carried, the previous action is null 
and void and is so entered on the min¬ 
utes. 

The motion should be made by a 
member who voted with the prevailing 
side, showing that the resolution has not 
been satisfactory in its outcome, even to 
those who originally favored it. 

Any member may move to expunge a 
page, section, or paragraph from the 
minutes if the motion to rescind has 
been carried. The Secretary should 
enter as follows: “Rescinded by order 
of the assembly;” giving date and sign¬ 
ing his or her name. 


88 


PARLIAMENTARY LAW 


AMENDMENTS 

To amend. The application of the 
word “amend’’ might be made to read 
“to mend”, inasmuch as it adds to, 
takes from, readjusts, or makes over, 
the main motion. Care should be taken 
that an amendment to an amendment 
should be entertained, voted upon and 
disposed of first, which often does away 
entirely with the main amendment; so 
that the vote when taken will be on the 
amended motion. 

It seems curious that we should ar¬ 
rive at apparently the most important 
measure on the program—the main 
motion—after all these other motions 
have had privileges accorded to them. 
In other words, the main motion, can¬ 
not be acted upon until all desired a- 
mendments have been disposed of. 

During discussion of a motion, if it 
is not satisfactory, some member usual¬ 
ly offers an amendment. This is not in¬ 
tended to defeat the motion, but rather 


PARLIAMENTARY LAW 


89 


to improve it and make it adaptable, 
and sometimes a little more flexible. 

The subject of amendments embraces 
so many different forms that the student 
should learn them by heart and become 
familiar with the various methods. 
When the Chair announces the result 
of a vote on an amendment it should be 
as follows: “The ayes have it, and the 
amendment is agreed to, or the noes 
have it and the amendment is not agreed 
to, in which case the motion stands as 
originally stated without amendment.” 
The chair then states: “We shall now 
vote upon the main motionwhich is 
carried or lost as the case may be. 

A Motion is carried, or lost . 

An Amendment is agreed to, or not 
agreed to, 

A Resolution is adopted. 

Negative Amendments (or motions) 

Negative amendments should be a- 
voided if possible. The use of the word 
“not” as applied to an amendment is 
bad form, especially as a negative re¬ 
sult could be obtained as well by a nega - 


90 


PARLIAMENTARY LAW 


five vote; in other words an amendment 
which is undesirable is lost by voting 
No. For instance, it is out of order to 
present a negative amendment such as 
this: “I move to amend “that this Club 
shall not give one thousand dollars for 
the promotion of the Blue Laws”. The 
reason is that the club up to this time 
has not agreed to give any money for 
any cause, therefore why a negative 
amendment ? 

An amendment should modify or im¬ 
prove a main motion, or an amendment, 
in order that it may carry out perfectly 
the wishes of the majority of the mem¬ 
bers. 

An amendment may be made which 
changes the interpretation somewhat, 
but none can be made which changes the 
subject matter, or the purpose of the 
main motion. It is often wise to refer 
to a committee the preparation of an 
amendment, especially to amend a cons¬ 
titution, which should be clearly written 


PARLIAMENTARY LAW 


91 


previous to being placed before an as¬ 
sembly. 

Any number of amendments may be 
made separately. 

The assembly might easily be con¬ 
fused when an amendment is offered 
involving two different propositions, 
which although inter-dependent must be 
discussed separately; in this case some 
one should move the division of the 
question. 

The original amendment to a motion 
must be disposed of before the main mo¬ 
tion is voted upon. This amendment 
may itself be amended, in which case the 
last amendment must be disposed of 
first; then the original amendment, 
which sometimes is incorporated in the 
main motion, and is called the amended 
motion . The previous question, if ap¬ 
plied to an amendment, does not affect 
the main motion. 

If this is carried, it permits no furth¬ 
er debate on the amendment. 


92 


PARLIAMENTARY LAW 


No undebatable motion can be amend¬ 
ed, except the privileged motion to fix 
the time to which to adjourn, which 
amends only as to time; also the motion 
relating to method of consideration, 
which can be amended only as to meth¬ 
od; and the motion to divide the ques¬ 
tion, which can be amended only as to 
place of division. 

Among the subsidiary motions the 
motion to amend can be applied only to 
the motion to postpone to a certain day, 
to the motion to commit, which can be 
amended as to the number of members 
on the committee, the mode of forming 
the committee. 

None of the other subsidiary motions 
(except the previous question) can be 
applied solely to the motion to amend. 
Any other subsidiary motion, offered 
when an amendment is pending, applies 
to the main question as well as to the a- 
mendment. 

If the previous question is carried 
this closes all debate and discussion. 


PARLIAMENTARY LAW 


93 


It bears on the principal motion if so 
stated. A call for the previous ques¬ 
tion to affect only a portion of the mo¬ 
tion is in order. 

A member may move to amend his 
own motion. 

After the question has been stated 
the mover may accept an amendment, 
if there is no objection; but if objection 
is made it must be voted upon. A major¬ 
ity carries it. 

When an amendment has been moved 
and seconded, the Chair should always 
state the question distinctly, so that 
every member may know exactly what 
is to be voted upon. The Chair should 
first read the paragraph which it is pro¬ 
posed to amend, then the words which 
are to be stricken out or inserted, and 
finally the paragraph as it will stand 
if the amendment is agreed to. He then 
states that “the question is on the ac¬ 
ceptance of the amendment”. This is 
to open the debate, the remarks being 
confined to the merits of the amend- 


94 


PARLIAMENTARY LAW 


ment. All remarks should be germane 
to the subject. After the debate the 
Chair says: 44 Will the Assembly agree 
to the amendment ? Those agreeing will 
say aye. Those opposed will say no.” 
The result of the vote is announced, by 
saying 4 4 The ayes have it, and the a- 
mendment is agreed to”; or 44 The noes 
have it, and the amendment is not a- 
greed to.” 

AMENDMENTS CLASSIFIED 

There are three forms of amending 
motions. There are many variations 
in these three forms, but for the usual 
practice it is well to learn the most im¬ 
portant methods. 

First, by striking out words or para¬ 
graphs. 

Second, by inserting words or para¬ 
graphs. 

Third, by striking out and inserting. 

Where there are two or more differ¬ 
ent parts in a motion any one of these 


PARLIAMENTARY LAW 


95 


three methods may be applied. Each 
form is available for amendments but 
must be voted upon separately. 

The motion to amend by striking out 
and inserting is indivisible. The word 
to be inserted, however, need not be in¬ 
serted in the same place as the word 
stricken out. Three examples follow; 

Original sentence reads: This organ¬ 
ization shall be called “The United 
Allied Women Voters.” 

1. I move to strike out the word 
“Allied” in Article I of the Constitu¬ 
tion before the word “Women”. 

2. “I move to insert the words “Men 
and” between the words “United and 
Women” in Article I, second line, mak¬ 
ing it to read: This organization shall be 
called “The United Men and Women 
Voters.” 

3. I move to amend by striking out 
the words “Second Tuesday in No¬ 
vember” and inserting the paragraph 
“the first Tuesday following the second 
Monday in November”, after the word 


96 


PARLIAMENTARY LAW 


on in Article III of the By-Laws, mak¬ 
ing it to read: “The Annual Meeting 
shall be held the first Tuesday following 
the second Monday in November. ” Car¬ 
ried unanimously. 

AMENDMENT BY 
SUBSTITUTION 

A substitute is frequently treated as 
an amendment. Sometimes the mover 
of the original accepts the proposed sub¬ 
stitution and it is inserted, but Reed 
states: “In the House of Representa¬ 
tives the bill reported as a substitute is 
treated in the House as an Original bill 
and not as an amendment of the bill re¬ 
ferred. ’ ’ 

A short and informal method of sub¬ 
stitution is by striking out and insert¬ 
ing ; this may be applied to a whole para¬ 
graph. The mover says ; 6 6 For the para¬ 
graph under consideration I offer the 
following substitute.” He then reads a 
new paragraph as a subsitute for the 


PARLIAMENTARY LAW 


97 


old. This is in case the changes are 
slight. The friends of the old para¬ 
graph have a right to perfect it by a- 
mendment, before the vote is put for the 
adoption of the substitute, and the 
friends of the new paragraph have the 
same privilege in regard to the offered 
substitute. After the supporters of the 
old paragraph have completed their 
work, and the friends of the new para¬ 
graph have perfected their’s, both par¬ 
ties having the assistance of the whole 
assembly, the question of the acceptance 
of the substitute is put to vote; if the 
substitute is accepted, the old para¬ 
graph is stricken out and the new one 
is inserted. 

It is manifest that if the assembly 
were obliged to accept or reject the 
substitute immediately, it would have 
to choose between two paragraphs, 
neither of which might be fully accept¬ 
able. One of the two would be irrevoc¬ 
ably out, and the other would be unalter¬ 
ably in. By giving opportunity to per- 


98 


PARLIAMENTARY LAW 


feet each by amendment before making 
a final choice between them, one of them 
can usually be made to express the will 
of the majority. 

But, if the assembly approves neither 
the substitute nor the original para¬ 
graph, it rejects the substitute; then 
strikes out the original paragraph and 
is ready for a newly-prepared motion. 

The method of amendment by sub¬ 
stitution is much used in legislative 
assemblies. After a bill has been per¬ 
fected by amendments, a member moves 
to strike out “all after the enacting 
clause,” and to substitute another bill 
on the same subject. If the enacting 
clause is stricken out the result is the de¬ 
feat of the bill, for the result of the a- 
mendment is to deprive the bill of that 
which actually makes it a law. 


PARLIAMENTARY LAW 


99 


TO POSTPONE TO A DEFINITE 
TIME 

This motion is made with the object 
of giving the members time to better 
inform themselves regarding the sub¬ 
ject, because a certain speaker could be 
present later, or because the project re¬ 
quires more time than can be alloted at 
the moment. 

Business cannot be postponed beyond 
the end of a meeting, except in con¬ 
ventions where a session lasts for sever¬ 
al days, or where special rules permit 
it to come up as “unfinished business” 
during or after the session. In Con¬ 
gress a motion cannot be postponed to 
the next session. 

The day and hour should be fixed 
by the motion. The mover may say: 
“I move to postpone this question until 
next Tuesday at three o’clock.” This 
having been seconded, stated and pre¬ 
sented for discussion, if no change of 
time is made the Chair puts it to vote 


100 


PARLIAMENTARY LAW 


by saying: “The question is upon the 
postponement of this business until 
Tuesday next, at three o ’clock. Those 
in favor of this will say aye. Those op¬ 
posed will say no.” The result of this 
vote is then announced, the Chair say¬ 
ing: “The ayes have it and the question 
is postponed to next Tuesday at three 
o’clock” (at which time it must be taken 
up) or, “The noes have it, and the ques¬ 
tion is still before the assembly.” 

Remember that this motion allows 
discussion on the postponement only, 
but no debate on the main question. It 
can be amended only as to time or speci¬ 
fied day. 

If it is desired to hold an adjourned 
meeting to consider a special subject, 
the time to which the assembly shall ad¬ 
journ should be included in the motion 
to postpone. 

A postponement can be made while 
a motion to amend is pending, because 
it is of higher rank. It is of equal rank 
with the motions for the previous ques- 


PARLIAMENTARY LAW 


101 


tion, to commit, and to postpone indef¬ 
initely; therefore, the Chair may pre¬ 
sent any one of these which seems most 
important at the time. Roberts says: 
“None of these three motions are in 
order when the motion to postpone to a 
certain time is pending, (opinions dif¬ 
fer.) 

The author contends that any one of 
the three motions of equal rank may 
take precedence, according to the ruling 
of the Chair and the importance of the 
motion. 

The effect of the motion to postpone, 
if carried, is to defer action or the en¬ 
tire subject, with all pending amend¬ 
ments until the time specified. Before 
that time arrives (if desirable) the post¬ 
ponement can be annulled, which is the 
same in effect as to rescind the motion, 
but it must have a two-thirds vote. 


102 


PARLIAMENTARY LAW 


INDEFINITE POSTPONEMENT 

(This cannot be amended ) 

After a question has been debated 
and no action is desired there are two 
ways of suppressing it, one by voting it 
down, the other by an indefinite post¬ 
ponement. Both have the same effect. 
An affirmative vote on the motion to 
postpone indefinitely lias the same effect 
as a negative vote on the main question 
and kills the bill. The motion is often 
used by the opponents of a measure 
when doubtful of their own strength, 
because, if defeated on this motion, they 
still have the opportunity for a further 
struggle for victory, which would not 
be the case if they were defeated in the 
vote upon the main question. 

If this motion is decided in the af¬ 
firmative, the main question is disposed 
of permanently. If the motion is de¬ 
cided in the negative it is still before 
the assembly. 


PARLIAMENTARY LAW 


103 


This motion ranks with the motions 
to postpone to a certain time, to commit, 
and to close debate and ranks above the 
motion to amend. In some legislative 
bodies it ranks below the motion to a- 
mend and cannot be made when an a- 
mendment is pending. The Chair must 
decide as to rank. 

No subsidiary motion, except the pre¬ 
vious question can be applied to it, it 
applies to nothing besides the main 
question, it cannot be amended in regard 
to time, for that would make it equiva¬ 
lent to a motion to postpone to a certain 
day, and that has a different purpose. 

It is eminently debatable and opens 
the whole main question to debate. Any 
motion that has the effect of suppress¬ 
ing a question should be entertained, un¬ 
less the motion is detrimental to the So¬ 
ciety or to its principles. In a motion 
for postponement to a certain day de¬ 
bate may be limited, because there will 
be further opportunity to debate the 
main question at the time set. 


104 


PARLIAMENTARY LAW 


In announcing the result of the vote, 
the Chair says: “The ayes have it, and 
the question is indefinitely postponed.’’ 
Or else says: “The noes have it and the 
question is before the assembly for 
further debate.” 

QUORUM 

A quorum is that number competent 
to transact business and to decide upon 
all questions for the good of the body 
which it represents. 

There should never be less than three. 

All societies or clubs should specify 
a definite number to constitute a quo¬ 
rum for the legal transaction of busi¬ 
ness. A quorum of a society or commit¬ 
tee or a board, is a majority of those 
present and may transact business un¬ 
less otherwise provided for . 

The author suggests as a quorum five 
or seven in an executive board, or in a 
small Society; in a federation or con¬ 
vention fifty delegates. Certain au- 


PARLIAMENTARY LAW 


105 


thorities claim that members present 
who do not dissent from a measure may 
be counted as voting in the affirmative. 
The author claims that such so-called 
votes are not votes at all. To vote is 
a duty and a privilege which should be 
exercised. 


DEBATE 

The principal object in successful de¬ 
bate is ^concentration {upon the 'main 
subject, returning to it after introduc¬ 
ing the telling points, beginning with 
the least important and leaving the most 
important as a climax with which to 
close the debate. 

A member introducing a subject for 
debate is given the first opportunity, 
because he, or she, is supposed to be 
capable of explaining the reasons for 
supporting the measure, and of trying 
to convince the other side that it is 
absolutely wrong. The introducer, al¬ 
though speaking for the measure first, 


106 


PARLIAMENTARY LAW 


lias also the right to close the debate 
after others have been heard. No one 
should be allowed to speak but once, 
with the exception of the introducer of 
the subject. A member may rise for in¬ 
formation during debate. It is always 
correct to ask questions of the Chair, 
who may answer them or may refer 
them to a member for answer. Never 
address an individual member, except 
through the Chair, from whom all in¬ 
formation should come . 

It is especially desirable in debate, 
as in all club-meetings, to refrain from 
personalities. It is well to bear in 
mind that, although members can speak 
but once on a question before the as¬ 
sembly, they have the privilege of speak¬ 
ing again on each amendment when pre¬ 
sented ; and also on every amendment to 
an amendment. 

During debate the names of members 
should not be mentioned; the proper 
form is “the last speaker,’’ “the mem¬ 
ber from New York,” “the party in 


PARLIAMENTARY LAW 


107 


favor of this measure,’’ “the introducer 
of this motion,” “the former speaker”, 
or “my fellow member”, etc. 

Debate should not drift into disputes, 
personalities, criticism of other mem¬ 
bers, or anything that is insincere. 

The summing up of a debate should 
bring out the salient points and, if a 
rebuttal is permitted, it is usually a 
final thrust; but by this time the mem¬ 
bers have no doubt made up their minds 
as to which side will win. 

During debate it is a good rule to re¬ 
quire of the members, to present first 
the affirmative, next the negative side, 
alternately with the view of insuring 
fair play. 


VOTING 

The disposition of resolutions or 
motions cannot be decided by discus¬ 
sion or debate. They are decided by 
a vote, for which there are six estab¬ 
lished methods, viz: 


108 


PARLIAMENTARY LAW 


1. General Consent. 

2. Acclamation. 

3. Standing. 

4. Raising of Hands. 

5. Yeas and Nays (by roll- 
call). 

6. By Ballot. 

1. General Consent. No objections ex¬ 
pressed. 

2. Acclamation. Ayes and noes. 

3. Standing. “ Those in favor will 
please rise and stand to be counted. 
Be seated. Those opposed will please 
rise.” (Secretary counts.) Chair gives 
the number on each side, which de¬ 
cides the question. 

4. Raising of hands. 4 ‘All in favor will 
please raise hands; all opposed will 
manifest it in the same way.” (Sec¬ 
retary counts.) 

5. Yeas or Nays. Secretary calls the 
roll and member votes yes or no, the 
result being given in writing to the 
Chair. 


PARLIAMENTARY LAW 


109 


6. By Ballot. A secret vote; each indi¬ 
vidual marks an x at the left of a 
candidate’s name when electing to 
office. 

MAJORITY AND PLURALITY 
VOTE 

A majority vote is any number more 
than one half the number of votes cast. 

A plurality vote is the highest num¬ 
ber cast, that number being less than 
half the total. A plurality vote is a 
vote which is greater than that cast for 
any other candidate when there are 
three or more candidates voted for. 

A tie vote is an equal number on 
each side. The decision in this matter 
may be left to one of the accepted meth¬ 
ods. If it relates to the election of a 
member to office, it should be decided by 
seniority of membership or alphabetical 
order. If it refers to a matter other 
individual election, the chair may vote 
either for, or against, the measure and 
in this way may change the result. 


110 


PARLIAMENTARY LAW 


A two-tliirds vote in the affirmative is 
twice as many in favor of a measure as 
opposed to it; or not less than two-thirds 
of the total number of votes cast. 

A three-fourths vote would be three 
times as many in favor of a measure as 
opposed to it, or not less than three- 
fourths of the total number of votes 
cast. 

A unanimous vote is a vote in which 
there is no dissenting voice, or no mani¬ 
fest opposition. The words “unani¬ 
mous vote” does not mean that the actu¬ 
al affirmative vote of the entire member¬ 
ship is required to make a vote unani¬ 
mous. It means that there is no one in 
the assembly who votes against the 
measure. The assembly itself is a gov¬ 
erning power and cannot be denied its 
authority, since it is the creator of all 
things governing the organization. 

When the Chair Votes 

1. The chair should vote when the 
vote is by ballot and in precisely the 


PARLIAMENTARY LAW 


111 


same way in which other members vote. 
The vote of the chair counts for no more 
and no less than that of any member. 

2. The President votes when the roll 
is called, not in the alphabetical order, 
but last of all. Before his vote is taken 
all the other officers vote aye or nay; aft¬ 
er the members names have been called, 
the President votes. 

3. The Chair may vote whenever his 
vote changes the result. He has the 
casting vote when there is a tie. He 
cannot be criticised whether voting for, 
or against, a measure. 

4. The Chair usually refrains from 
voting except to change the result. He 
is not required to vote if he does not 
choose to do so. 

5. In the case of a tie, the motion al¬ 
ready being lost, the Chair should not 
vote if satisfied that it should be lost, 
but votes in the affirmative to carry the 
measure which, as can be seen, turns the 
tide and makes for success. 


112 


PARLIAMENTARY LAW 


6. The Chair votes to change the re¬ 
sult of a vote when there is a tie. The 
Chair announces: “ There are eight ayes 
and eight noes, making a tie, and the 
motion is lost.” Therefore, when the 
vote of the Chair is taken he votes in the 
affirmative, thereby changing the result 
and the motion is carried. Of course 
the exact number of votes on each side 
must be counted. If there should be 
nine ayes and eight noes, and the Chair 
wishes to change the result, the form is 
as follows: ‘‘There are nine in favor of 
the measure and eight opposed to it; the 
chair votes with the noes, making a tie 
and the motion is lost.” In the case of 
voting by ballot, if there is a tie the 
Chair having voted with the others can¬ 
not change the result. 

Suppose, for instance, that we have a 
motion requiring a two-thirds vote, and 
that there are fifteen affirmatives and 
eight negatives; the Chair, wishing to 
have the decision in the affirmative, 
votes with the ayes, making the required 


PARLIAMENTARY LAW 


113 


two-thirds. Again, suppose that the as¬ 
sembly is voting upon an amendment to 
the Constitution, which requires a three- 
fourths vote, and that when counted 
the votes show fifteen affirmatives and 
five negatives. If the Chair wishes to 
prevent the amendment, he may state: 
‘ ‘ There are fifteen affirmative votes and 
five negative; the Chair will vote with 
the negative, making fifteen to six, thus 
destroying the three-fourths vote, and 
the amendment is lost.” 

REPORTS 

Reports of Officers and Committees. 

The President’s report takes preced¬ 
ence over all others. 

Then follow reports of committees in 
their order. Any report may be called 
for at any time, by an officer or a mem¬ 
ber of the assembly, by a motion to that 
effect carried unanimously. Reports 
should always be in writing, although it 
is not illegal to make a verbal report, if 


114 


PARLIAMENTARY LAW 


the Secretary records it. Reports are re¬ 
ceived by hearing them. A report given 
simply for the information of members 
need not be accepted or adopted, as such 
reports are often presented by investi¬ 
gating - and organizing - committees. A 
Treasurer’s report usually follows that 
of the Corresponding Secretary. It 
should be adopted only after it has been 
audited. 

A report given for the information 
of the assembly may furnish an oppor¬ 
tunity for a vote of thanks, or for the 
introduction of a main motion of great 
importance. 

To Commit and Re-commit 

Reports are often referred to a com¬ 
mittee by a motion “to commit, to re¬ 
commit, or to refer.’’ The object of this 
motion is to hasten the business to be 
transacted. The accepted form is: “I 
move to refer this report to a committee 
(of five) to be appointed by the Chair, 
and to report at the next meeting, or at 
a future time.” 


PARLIAMENTARY LAW 


115 


To commit, to re-commit, or to refer, 
are practically one and the same thing, 
except that a motion to re-commit im¬ 
plies that certain features in the report 
of a committee need changing and it is 
therefore given back to the same com¬ 
mittee. 

Each of these motions requires the 
floor, a seconder, is open to debate, may 
be amended, and may be reconsidered; 
it is of equal rank with the motion “to 
postpone’’ and the “previous question”. 

This popular method saves time, pre¬ 
venting long discussions on unprepared 
subjects, and furnishes an opportunity 
for investigation, or to obtain expert 
advice; the committee must bring back 
the results of its conferences to the as¬ 
sembly. 

Great care should be taken in naming 
a committee. The wisest plan is to 
leave the appointment of the Chairman 
to the President, allowing the Chairman 
to appoint the other members of the 
committee. Small committees do more 


116 


PARLIAMENTARY LAW 


efficient work than large ones. Five 
members are considered a good number, 
although three may transact business in 
committee. Large committees are los¬ 
ing in favor, except in State matters 
where districts have to be considered. 

Whatever method of forming com¬ 
mittees is adopted, the member first 
named acts as temporary Chairman un¬ 
til the permanent Chairman is elected, 
by the committee itself; except in cases 
where the chairman has been previously 
designated by the assembly, or unless 
it is customary in the Society for the 
President to appoint the Chairman. 

COMMITTEES 

There are five kinds of committees. 

1. Standing Committees. 

2. Special Committees. 

3. Joint Committees. 

4. Conference Committees. 

5. A Committee of the Whole. 


PARLIAMENTARY LAW 


117 


There are four ways of forming 
committees. 

1. Appointed by the Chair. 

2. By resolution (subject to amend¬ 
ment.) 

3. By nomination from the floor. 

4. By ballot. 

A committee should consist of an odd 
number, for the reason that this will 
avoid a tie vote and a majority may be 
easily secured. A committee may have 
power to add to its own number. A 
majority of the members of a commit¬ 
tee is enough to transact business, pro¬ 
vided that all the members have been 
notified. 

In a committee-meeting, at the close 
of the business, the proper form of ad¬ 
journment is for the Chairman to an¬ 
nounce: “The committee having fin¬ 
ished its work, will now rise.” Recent¬ 
ly, however, the Chairman has asked 
for a motion to adjourn. This is a mere 
form but there seems to be no objection 
to it. 


118 


PARLIAMENTARY LAW 


When a committee has made its final 
report to the body which created it, it is 
automatically dismissed. 

The Chairman reports to the assem¬ 
bly. No information should be given 
to members as to what has occured in 
committee-meetings, especially if there 
are disagreements, criticisms, or per¬ 
sonalities. 

The advantage of working in com¬ 
mittee is that no time limit is placed 
upon debate and that questions are usu¬ 
ally considered informally. The lack 
of formality is desirable in committees 
because, when addressing the Chairman 
and seconding motions, it is considered 
quite proper to remain seated. 

The result of the conference of a com¬ 
mittee is what the assembly wishes to 
know. 

Measures may be voted upon in com¬ 
mittee, but no vote is taken on the whole 
report. The report of a committee 
should be signed by all who concur and 
have attended the meetings; any num- 


PARLIAMENTARY LAW 


119 


ber more than one-half of the members 
establishes a majority report—in other 
words a majority should sign. Some 
authors claim that all members should 
sign the report of a committee; the au¬ 
thor considers this unreasonable, since 
it would be practically a unanimous 
vote, which could not always be obtained. 
Again, the opinion of the minority 
should not be ignored. 

A minority report represents a dif¬ 
ference of opinion and, if prepared, 
may be presented after a majority re¬ 
port has been heard, when it will take 
the form of a substitute. Such a re¬ 
port is often valuable. 

Members of a committee should bear 
in mind that it is acting in an advisory 
capacity, as the assembly has the right 
to modify, accept or reject, any or all 
of the work of the committee. 

It has been customary in federations 
of clubs, for the introducer of a report, 
or resolution, to close the report in the 
following manner: “Mr., or Madam, 


120 


PARLIAMENTARY LAW 


President, I move the adoption of this 
report.” 

The author disapproves of this meth¬ 
od. In the first place the deliberations 
of a committe frequently require the 
organization to assume financial respon¬ 
sibilities of various sorts; in the second 
place the adoption of a report carries 
with it an agreement to execute all that 
the report contains, which obligation, 
might embarrass the Society financially. 
Therefore the author suggests that any 
thing which involves financial responsi¬ 
bility, the expenditure of money by in¬ 
dividuals, committees, executive boards 
or societies, should be entered in the re¬ 
port in the form of suggestions or rec¬ 
ommendations, and should be acted up¬ 
on separately. A suitable motion would 
be: “I move the acceptance of this re¬ 
port,” or “I move the adoption of this 
report with the understanding that the 
recommendations are referred to the 
Executive Board for action.” 


PARLIAMENTARY LAW 


121 


After a committee has reported no 
motion is necessary for its discharge, 
but it is customary to acknowledge with 
thanks the work of the committee for 
having performed their duties faithful¬ 
ly. This may be done by the President, 
or by a motion from the assembly; it 
may ask for a rising vote of thanks. A 
motion to adjourn is in order at a meet¬ 
ing of a Governing Board, a Directors’ 
meeting, or a Board of Trustees; since 
it has greater privileges than a commit¬ 
tee and is a law-making body itself, it 
must therefore be governed by rules of 
a higher order. The formality of a vote 
should therefore be observed. 

BALLOTS AND BALLOTING 

Every Society should have a model as 
a guide in balloting at elections. A 
copy of this ballot should be approved 
by the Executive Board or the Presi¬ 
dent. Full directions should be given 
to the Chairman of the Board of Elec- 


122 


PARLIAMENTARY law 


tions by the President. The laws of the 
State in which the Society exists should 
be followed as closely as possible at elec¬ 
tions. After approval the ticket be¬ 
comes the Official Ballot. 


NOMINATIONS 

Candidates for office should be chosen 
from among those who have served the 
Society in some efficient manner, there¬ 
by proving themselves entitled to nom¬ 
ination for office. 

The method of nominating candidates 
for office should be clearly stated in the 
By-Laws, and instructions should be 
given to the Chairman of the Nominat¬ 
ing Committee. Each candidate should 
become familiar with the By-Laws. 
(This duty is sadly neglected.) A 
Chairman should not only be familiar 
with the Constitution and By-Laws but 
should also be able to instruct the com¬ 
mittee over which he presides. 


PARLIAMENTARY LAW 


123 


Nearly every club has gone through 
certain unpleasant experiences in the 
matter of nominations and elections. 
This duty calls for conscientious and un¬ 
selfish service. 

HOW ELECTIONS MAY BE LOST 

At a recent election in a certain So¬ 
ciety candidates had been regularly 
nominated and their names placed upon 
an official ballot. Each candidate had 
consented to serve if elected. At the ap¬ 
pointed day and hour the polls were de¬ 
clared open by the President. There 
were one hundred voting members pres¬ 
ent at the annual meeting, called for the 
purpose of electing officers to serve for 
the period of two years. Both men and 
women were candidates. One of the can¬ 
didates for the office of president, Mr. 
A., had actual knowledge of pledges of 
sixty votes. Naturally, he felt reason¬ 
ably sure of election. When the count 
was read Mr. A. had received forty-five 


124 


PARLIAMENTARY LAW 


votes, while Mrs. B. had received fifty- 
five. Imagine the state of mind of the 
candidate Mr. A. upon hearing the re¬ 
sult! Immediately the question arose 
in his mind as to what had become of the 
fifteen votes which were pledged to him ? 
Upon investigation it was found that 
twelve of the votes were “void” and had 
been rejected because of errors in the 
ballot. Two members had voted for all 
candidates in every group; one member 
had not voted at all, thereby making a 
“blank” ballot. It was found later 
that three members “had changed their 
minds” and had not kept their promise. 
Therefore the candidate lost the election 
by fifteen votes, twelve through careless¬ 
ness or ignorance and three from broken 
promises. Mrs. B. won the election quite 
unexpectedly. 

Another illustration of a better re¬ 
sult in voting. At a recent election in 
a large organization having several 
chapters the board decided (owing to 
the fact that many votes had been lost 


PARLIAMENTARY LAW 


125 


through errors) to improve the method 
of voting, and if possible to lessen the 
number of void ballots. Consequently, 
at the next annual election a new meth¬ 
od was tried, in which certain groups to 
be voted for were printed upon ballots 
of different colors, thus eliminating the 
possibility of a chapter (or district) vot¬ 
ing for a candidate for an office where 
no vacancy existed. The result of this 
election was as follows: Out of a pos¬ 
sible three hundred and seventy five 
votes three hundred and sixty nine were 
correct. This was a great improvement 
over previous elections. 

The time which was consumed in 
counting the ballots at this election was 
out of all reason. One cause for this 
trying delay was the lack of official 
printed tally-sheets upon which the rec¬ 
ord of the vote should have been entered. 
This is a most important feature which 
should be studied with the aid of a Par¬ 
liamentarian. 


126 


PARLIAMENTARY LAW 


A question has arisen, as to the legal¬ 
ity of using colored ballots. The author 
has referred this question to the Secre¬ 
tary of State, through the Board of 
Elections, and can report that “ inas¬ 
much as the Board of Elections has used 
pink, green and white ballots,” any col¬ 
or may be used. 

The number of votes or ballots de¬ 
clared to be ‘‘null and void,” voted by 
intelligent people, is appalling. Since 
women have been given the ballot the 
results have been constantly improving. 

Every man, woman and child (over 
fourteen years of age) should know how 
to vote correctly. 

ABC 

QUESTIONNAIRE 

(The question will follow the odd num¬ 
bers and the answers the even numbers, 
in place of the usual prefixes ‘Q’ and 
‘A’.) 

1 What is Parliamentary Law? 


PARLIAMENTARY LAW 


127 


2 Parliamentary Law is the science of 
applying correct forms in transact¬ 
ing the business of large and small 
assemblies according to a system 
called procedure. 

3 From what source have we derived 
our rules of Parliamentary Law? 

4 From the English Houses of Parlia¬ 
ment. 

5 How is Parliamentary Procedure 
applied in assemblies? 

6 By following the instructions of au¬ 
thorized books and applying the 
rules as occasion requires. 

7 What powers in the United States 
correspond to the British Parlia¬ 
ment consisting of The House of 
Lords and the House of Commons? 

8 Congress, consisting of the Senate 
and the House of Representatives. 

9 What is said to be the first Parlia¬ 
mentary motion recorded in this 
country ? 

10 “ I move that these United States 
become Free and Independent, ” 
stated by Thomas Jefferson and sec- 


128 


PARLIAMENTARY LAW 


onded by Alexander Hamilton, in 
the year 1774. 

11 What was the result of this motion? 

12 The Journal (minutes) shows that 
the result was the Declaration of In¬ 
dependence, July 4,1776. 

13 What is necessary for the proper 
building of Parliamentary rules and 
regulations ? 

14 Foundation Stones. 

15 Of what should they consist? 

16 Four essentials: Courtesy, Justice, 
Self-Control and Unselfishness. 

17 What should be the supports upon 
which the foundation rests? 

18 Columns of strength and beauty, up¬ 
holding the truth and all that is best 
in the world. 

19 What constitutes the perfection of 
these columns? 

20 Four “C’s” constantly applied viz: 

Concentration 

Conservation 

Condensation 

Co-operation 


PARLIAMENTARY LAAV 


129 


21 What is necessary in construction 
tvork to cement essentials together 
for co-operative associations? 

22 Constitution and By-Laws. 

23 a Hoiv are they best made? b By 
whom ? 

24 a By order of the Assembly, at the 
first, or mass-meeting, with instruc¬ 
tions to the committee to report at a 
definite time and place. 

b A Committee, in conference with 
a Parliamentarian, or with the aid 
of a good book on the subject. 

25 Who should preside at the informal 
gathering at ivhich an organization 
or Society is in process of forming f 

26 A temporary President or Chairman, 
calls the meeting to order, one who is 
nominated from the floor, and a 
temporary Secretary. 

27 Are the temporary Chairman and 
Secretary all that are necessary for 
the transaction of business? 

28 Yes, until permanent officers are 
chosen. 


130 


PARLIAMENTARY LAW 


29 May temporary officers be nominat¬ 
ed9 

30 It is customary and a fitting courtesy 
to nominate them. (The author has 
adopted the term, President pro tern 
instead of Chairman pro tern for 
large assemblies.) 

31 What process is necessary for select¬ 
ing permanent officers ? 

32 At the first regular meeting, called 
for the purpose of electing perma¬ 
nent officers, the Secretary pro tern 
reads the names of proposed candi¬ 
dates. They are elected by accla¬ 
mation ■. 

33 Should officers and chairmen be 
elected without their consent9 

34 They are not candidates, until they 
have accepted the nomination and 
consented to serve if elected. 

35 How does a Society begin to function 
after its formation9 

36 By appointing committees to do the 
work, and by holding meetings. 

37 To whom should a committee report 9 


PARLIAMENTARY LAW 


131 


38 To the body which created it. Where 
a sub-committee assists, the sub-com¬ 
mittee reports to the original com¬ 
mittee. 

39 a What is a desirable number to 
serve on a committee? b Why? 

40 a There should be an odd number 
in each committee including the 
Chairman, b In this way the vote 
can never be, one-half for and one- 
half against a measure—in other 
words an odd number would avoid 
a tie. 

41 Which is preferable, a large, or a 
small committee? 

44 Any number agreed upon by the So¬ 
ciety empowered to transact busi¬ 
ness. It should be stated in the By- 
Laws. Five or seven are sufficient. 

45 Is it necessary that all members of 
a committee should sign a report ? 

46 No. All who concurred with the de¬ 
cision should sign the report. A 
minority report may be presented, 


132 


PARLIAMENTARY LAW 


signed by those who were not in ac¬ 
cord with the majority report. 

47 How many hind of committees are 
there? 

48 Five. 

49 How are they formed, elected or ap¬ 
pointed ? 

50 1 Special Committees. Appointed 
for special work. They are dis¬ 
solved automatically when the work 
is done and has been reported. 

2 Standing Committees. Appoint¬ 
ed for the term of one year or for 
the session. They are governed by 
rules of the assembly but instructed 
by the President. 

3 Joint Committees. May be spec¬ 
ial or standing. They perform cer¬ 
tain work in which two or more 
groups having a mutual interest are 
concerned, are usually legislative, 
or constructive, and are sufficient to 
co-operate for the good of the body’s 
appointing them. 

4 Conference Committees. The 


PARLIAMENTARY LAW 


133 


meeting of one branch of a body to 
meet a similar branch for the pur¬ 
pose of reaching an agreement. The 
result is obtained by a majority of 
each branch assenting to the other. 
The report when ready is privileged 
over other business. 

5 Committee of the Whole. Is the 
assembly itself, with a different pre¬ 
siding officer named by the Chair, 
and the appointment of a clerk who 
records the result of the doings and 
reports back to the assembly. 

51 What is a delegate? 

52 One who has been elected (or ap¬ 
pointed) to represent an active body 
and who will act and vote for the 
good of the organization. 

53 What is an alternate? 

54 One who performs the duties of a 
delegate during his absence, elected 
or appointed in the same way. 

55 Suppose neither the delegate, nor 
the alternate is present when the 


134 


PARLIAMENTARY LAW 


time for voting comes, is the vote 
lost? 

56 No. The officers holding the high¬ 
est office in that organization may 
fill vacancies from among the mem¬ 
bers who are present. 

57 How should delegates he instructed? 

58 If delegates are not competent to de¬ 
cide what is best for the Society, he, 
or she, should not be chosen as a 
delegate. The fairest method is to 
send delegates to a Convention “ un¬ 
instructed ’ ’, thus leaving them free 
to vote conscientiously. 

59 When are reports received and must 
they he accepted or adopted? 

60 Reports are received when read. A 
report given for the information of 
members, by investigating-commit- 
tees need not be accepted or adopt¬ 
ed, but it has become customary for 
the chairman, after reading a report 
to “move the adoption of his own re¬ 
port.” Too many reports are dis¬ 
posed of in this way. 


PARLIAMENTARY LAW 


135 


The word “accepted” is preferable to 
the word adopted, unless a commit¬ 
tee intends that the Society shall be¬ 
come responsible for all that the re¬ 
port contains. If a report is adopt¬ 
ed by a vote in an organization, it 
becomes an obligation financially 
and otherwise, for everything which 
the report contains. 

61 What motion would adjust this? 

62 “I move that this report, without 
the recommendation, be adopted.” 
Other forms may be found in the 
book. 

63 When may a report take precedence 
over the ordinary routine of busi¬ 
ness? 

64 When it is brought forward for the 
purpose of introducing a question 
of great importance. Then it be¬ 
comes a main motion and is open for 
debate. 

65 When may a treasurer’s report be 
received? 

66 In the regular business order as pre- 


136 


PARLIAMENTARY LAW 


scribed in the By-Laws after it has 
been audited. 

67 If a report lias not been audited, 
wliat happens ? 

68 The chair asks the secretary to re¬ 
cord the fact that the treasurer’s re¬ 
port was received and referred to 
the auditor. This should not be over¬ 
looked since it must be presented 
for adoption after it has been au¬ 
dited. 

69 How should officers be seated on a 
platformf 

70 This is usually left for the decision 
of the presiding officer. A form 
may be found in the book. Extreme 
courtesy should be observed. 

71 How many methods of voting are 
theref 

72 Six. By general count, by acclama¬ 
tion, “ayes and noes”, by rising, by 
roll call, “yeas and nays,” recorded 
by ballot. 

73 Which method is preferable ? 

74 Voting by ballot. 


PARLIAMENTARY LAW 


137 


75 When does the Chair vote? 

76 When he wishes to change the result. 

77 Is he obliged to vote? 

78 No. 

79 When there is a tie vote, is the mo¬ 
tion carried or lost? 

80 Lost, but the chair may vote and 
change the result. 

81 Are incidental questions of equal 
rank with others in their group? 

82 Yes. 

83 How is the chair to decide which one 
is to be considered first? 

84 The chair should give preference to 
the one which concerns the special 
business for the day. 

85 Do incidental questions require a 
seconder? 

86 Yes, except a point of order, which 
may interrupt, does not need a sec¬ 
onder and outranks all others. 

87 When does a Society terminate its 
session to begin another? 

88 With its annual meeting. 


138 


PARLIAMENTARY LAW 


89 What should be specified in the call 
to a meeting ? 

90 The Time, Object and Place. 

91 When are the minutes of a meeting 
to be read? 

92 Directly after the meeting is called 
to order and should follow the Pres¬ 
ident’s word of greeting to the as¬ 
sembly. They may be read at the 
close of the session. They may be 
referred to the Executive Board for 
acceptance. 

93 When are the minutes of a special 
meeting to be read ? 

94 After the minutes of a regular meet¬ 
ing. 

95 What is the best ivay of killing a 
measure, which, if carried, woidd be 
a disadvantage to the Society ? 

96 To lay on the table, or to indefinitely 
postpone. 

97 May the Chair re-arrange the order 
of presenting the business before the 
assembly, after a committee lias ar¬ 
ranged a program? 


PARLIAMENTARY LAW 


139 


98 Yes, before the order of the day has 
been accepted, after which time, only 
by consent of the assembly. The 
program chairman should move that 
“the program as presented, be the 
order of the day.” 

99 What is meant by the order of the 
dayf 

100 The order of the day is the plan ar¬ 
ranged by a committee and this mo¬ 
tion takes precedence over all other 
motions and is not debatable. 

101 Who is elected in case of a tie by 
ballot? 

102 It may be decided by seniority of 
membership. Preferably by a re¬ 
casting of the vote. 

103 In the canvassing of the ballot are 
voters allowed in the room? 

104 In polling places in New York 
State, the doors are open for the ad¬ 
mission of voters who choose to 
enter. In clubs the doors have fre¬ 
quently been closed on account of 
the room being used for coats and 


140 


PARLIAMENTARY LAW 


hats, which is not to be desired. 
In some cases the Inspectors and 
Tellers have been known to work 
behind locked doors which shonld 
not be done. 


PARLIAMENTARY LA AY 


141 


LOCATOR 

Adjournment, Motion for .77 

Time Fixed. 

Amendments, Amendment to.91 

Explanation .88 

Negative .89 

Inserting .93 

Striking Out .94 

Striking Out and Inserting .95 

Substitution .96 

Appeal, From Decision of Chair .64 

Assembly, Organization of .15 

Ballots, Counting of .123 

Errors in .124 

State Laws .126 

Business, Conduct of .51 

Introduction of .55 

By-Laws, Explanation.39 

Amendments .45 

Commit, Explanation of .114 

Motion to Refer .115 

Committees, Appointments of .117 

Advantage of .115 

Duties of.118 

Kinds of .116 

Quorum in .104 

Organization of .117 

Reports of.119 

Consideration, Debate Limited by.77 

Motion on .77 































142 


PARLIAMENTARY LAW 


Constitution, Amendments to .34 

Model of .27 

Courtesies, Order of Seating on Platform... 53 

Debate, Closing of .105 

Introducing Subject of .105 

Member Speaks only Once .106 

Object of .105 

Personalities in .107 

Decorum, Chair Preserves.64 

Minutes, .25 

Motions, To Adjourn .71 

Consideration.79 

To Fix Time of Adjournment.77 

Incidental .74 

To Lay on the Table.83 

Main Question.72 

To Postpone .81 

Privileged .78 

Rank of .76 

Recess .78 

To Reconsider .82 

Seconder .69 

Subsidiary .72 

Withdrawal of .75 

Nominations, .21-122 

Officers, Duties of.60 

Election of .61 

Permanent .19 

Temporary, .17 






























PARLIAMENTARY LAW 143 

Order, Appeal from Chair on .64 

Order of the Day.51 

Point of .64 

Preserving .55 

Order of Business,.49 

Organization, Formation .15 

Object of .16 

Permanent .18 

Temporary .17 

Parliamentary Law, How Derived.11 

Explanation of .11 

Personal Application of .12 

Postponement, Motion for.99 

Indefinite .102 

Presiding, Art of .14 

Essentials .14 

Presiding Officer, Duties of .40 

Election of .44 

Permanent .18 

Qualifications of .62 

Right to Debate.64 

Temporary .17 

Vote .Ill 

Previous Question, Motion on .77 

Rank of . 81 

Questionnaire, .126 

Quorum, Definition .104 

Number Necessary .104 

Recess, Motion for.78 

Recognition, of Members.66 
































144 


PARLIAMENTARY LAW 


Reconsideration, Debate on.79 

Effect of .82 

Motion for .83 

Object of.83 

Rulings on .86 

When Motion is Made .85 

Reports, Committee .114 

Officers .113 

Resignation, .36 

Rescind, .87 

Rules, Important to Remember .47 

Special.46 

Suspension of .47 

Secretary, Corresponding, Duties of.66 

Secretary, Recording, Duties of.65 

Treasurer, Duties of .67 

Reports .68 

Responsibility .68 

Vice-Presidents, Duties of.64 

Voting, Chair Votes.Ill 

Majority .109 

Methods of .108 

Pluralit}' .109 

Tie .109 

Three-Fourths .110 

Two-Thirds.110 

Unanimous .110 

Yeas and Nays.108 

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